St.Thomas Dragway-Update

this was in todays london freepress
Races restricted after court fight


PATRICK MALONEY, Free Press Reporter 2005-01-28 03:40:15







A group of Sparta residents, angry over noise levels at the nearby St. Thomas Dragway, has taken the checkered flag in its legal battle with the popular racetrack. But the 32 plaintiffs -- who got a controversial $100,000 from the Municipality of Central Elgin to offset legal costs -- couldn't persuade Superior Court Justice Johanne Morissette to close the dragway until it's outfitted with better noise barriers.

Morissette instead banned early Sunday races and awarded the neighbours $200,000 in damages.

"It's satisfactory," the group's Toronto-based environmental lawyer, Linda McCaffrey, said yesterday of the decision handed down Tuesday. "We (wanted the track) shut down until (they) control the noise."

Each of the plaintiffs will get an average of $6,400, or $1,000 for every year since Dave Mathers bought the dragway in 1998.

Though he can't start races before 1 p.m. on Sundays and is out-of-pocket $200,000, Mathers found Morissette's decision more favourable than it could have been.

"They wanted us to just go away," he said yesterday of the plaintiffs. "(The ruling) is a bit of an inconvenience, but it won't affect us dramatically."

Mathers wasn't sure yesterday about appealing the decision.

Mathers' lawyer, Darryl Mann, argued in court the case should be dismissed because the municipality gave the residents $100,000 to help cover legal costs.

Although Mann argued in court a "secret political agenda" was at work, McCaffrey said it's not uncommon for governments to support plaintiffs in environmental lawsuits.

Morissette said she was "somewhat troubled" by the municipality's involvement.

On Monday, Central Elgin council will meet with its solicitor to review Morissette's ruling and its implications, Donald Leitch, the municipality's chief administrative officer, said yesterday. He declined further comment for "legal reasons."

In her decision, Morissette ruled the dragway's general noise level is acceptable, but she noted residents deserve to "lie quiet in bed or worship at their various churches or meet at their Quaker meeting hall" on Sundays without the raceway's noise.

Her ruling could mark the end of the legal fight at the racetrack, which was built in 1962 by Bob and Helen Harvey on a 32-hectare lot near Sparta in Elgin County. Over the years, the popular site has attracted some of North America's top drag racers.

Though the track is considered by many a significant local landmark, McCaffrey said those living near it had to do something about the noise.

"You had noise and disturbances always, but people have to decide what's tolerable," she said. "My clients decided it wasn't tolerable."





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....dave
 
"You had noise and disturbances always..." isn't the track only open like 3 not even full days a week and ONLY half the year? What a load of ****. I can't believe they got $200,000. Atleast it's going to stay open!
 
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