Arizona Motorsports Park, the $6 million, 155-acre, 16-turn, 2.23-mile racecourse outside of Glendale, Arizona, has won a crucial legal verdict from the Arizona Court of Appeals. The appellate court has ruled that the race track detrimentally relied on a permit provided by the county to build their facility, and is therefore entitled to continue using its property for racing events.
Local residents had complained about the noise being admitted from race course, which is becoming a more common occurence now at venues across the United States and other parts of the world. While residents usually win in these instances, the Court found it difficult to swallow the nuisance argument, as the residence’s quiet enjoyment of their homes is also interrupted on a daily basis by the F-16′s of Luke Air Force Base.
Without being able to show an actual cause of nuisance, the Court went on to say that the Maricopa County Board could not rescind its permit after the track organizers had already built their multi-million dollar race course. Ruling on principles of equity, the Arizona Court of Appeals handed down a unanimous verdict for Arizona Motorsports Park, which will pave the way for them to re-open their facility.
However, the battle is still not over for track organizers as the case will be submitted to the Arizona State Supreme Court by Maricopa County . Because of this impending litigation, it’s still not possible to say when the course will be open again to the public for use, if at all.
Source: West Valley View