County wins district court case; racetrack allowed to continue

The Henry County District Court has ruled in favor of the Henry County Board of Adjustment, annulling the writ of certiorari filed by a group of Henry County residents in January 2011.

The case, tried in district court on April 5 and 6, 2012, concerned the conditional use permit that was awarded to the Grabers on Dec. 9, 2010.

The plaintiffs, Dale and Marilyn Calhoun, Gretchen and Timothy Liechty and Beth and James Zielinksi, had filed a petition for writ of certiorari on Jan. 10, 2011, seeking to declare the actions of the board illegal when it issued a conditional use permit to Philip Graber.

In the order given in the district court ruling filed Aug. 7, this writ of certiorari was annulled and the plaintiff?s petition was dismissed.

This means that the board of adjustment acted within its authority when it granted a conditional use permit for the motorcycle/ATV racetrack.

The ruling stated that the court couldn?t enter a judgment adjudicating his right to the conditional use permit because the court does not have personal jurisdiction over Graber, as he was never made a part of the litigation by the Plaintiffs. Therefore, Graber can continue using the racetrack under the conditional use permit.

Analyzing the claims against the board in the writ of certiorari, the court concluded that, ?the Board applied the proper rule of law when issuing the permit and the decision was based on substantial evidence.? The ruling goes on to say, ?Plantiffs have not established the Board?s decision in issuing the conditional use permit was unreasonable, arbitrary or capricious.?

The race track is located at 1647 Greenhurst Lane, a little south and west of Oakland Oaks Subdivision, halfway between Mt. Pleasant and Oakland Mills on the north side of the road.