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What type of lawsuit should I pursue?

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PMaynard

Guest
What is the name of your state? NEBRASKA

We are currently facing a major problem in our small town. My family resides approx. 3/4 mile outside of city limits, therefore we are required to go to our Town Board for approval of anything that we do or to request them to deny something that someone else wants to do if it will violate our property or personal rights.

The problem is: A local farmer (lives in same area) has 120 acres across the road from our home. Without getting the proper permits and other legally required documents he allowed to be built a MotoCross Track and then they approached the Planning and Zoning Committee (which he is the head of) to allow Rezoning of this land to Light Industrial so that they could legally run this track. We fought it with the Planning and Zoning Committee and also the Town Board. The Town Board (President is related to President of Planning & Zoning) allowed this track to continue on a 2 yr conditional permit for MotoCross Bikes, Bicycles and 4-wheelers. It was asked of the people involved with the track if that was all they were going to run and they stated YES.

Since then, they have run Mud Pit Drags, wherein they run pickup trucks in 4 classes (Quads, Stock, Super-Stock and Outlaws). The Town Board allowed them to Run Quads and Stock but not Super-Stock and Outlaws. We cannot get the Town Board or the County Board or anyone to listen to us. I know this sounds petty but we cannot even sit in our own home without listening to this NOISE, it comes through the walls. The President of the Town Board said to turn up our T.V.

What can we do to get this stopped. The Town Board set a presedence when they didn't allow another family to have a Used Car Lot on their property (outside city limits) because 2 families complained. We have 5 families that are outraged. It is causing a lot of stress on us.

We are considering suing the landowner, Track Proprieter and the Town Board members, individually and in their official capacity, Possibly even the County Board Members individually and in their official capacity.

Do we have any grounds?

HELP....Sorry this is rambling but I don't know how else to get the problem across.
 


C

CorySLOC

Guest
Noise

Well since I went to the University of Nebraska I thought I could help you out on this problem.

(Q) My first question is what county do you live in?

(Q) Next what city do you live in?

(Q) Does this track operate everyday or just on certain days?

(Q) What hours of the day does this track operate?

(Q)Do they run these drag and mud races all of the time?

(Q)Do these races attract large crowds and if so what is this property zoned again?


The reason I ask is it will help me figure out what’s going on in your town and county with certain laws.

I think that this problem is really simple to solve. Write me back and keep the details of what different people said out. Also answer all of my questions.
 
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PMaynard

Guest
We live in Dakota County.

Approx. 3/4 mile outside the Village of Homer city limits.

The track operates on T, Th, F, S & S and whatever other days the man from South Sioux City (who runs the track) decides he wants to come down and open it up.

They operate on weeknights until dark (I don't know what time they start as I work and they are running by the time I get home, 5:30) and then on weekends they are running from 8 am until dark.

The drag and mud races have only ran twice (so far).

They do attract a good amount of people. I couldn't say an exact number but for the motocross events they have stated in the local paper that they had approx. 400 people one weekend. And for the mud drags this past weekend they probably had at least 100-150 people. The track is zoned Light Industrial.

Hope this answers all of your questions. If you think of more I will gladly answer.
 
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CorySLOC

Guest
Noise

I will get back to you today. By the way I use to live in So. Sioux City. My parents still do.
 
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CorySLOC

Guest
Questions

(Q) Have you contacted Mr. Melick from the zoning and planning office?

(Q) If so did you fill out a written complaint?

(Q) Did he investigate the compliant?

(Q) If so what if any were the recommendations that were made?

(Q) Next did you call the City attorney Wayne Boyd's office or contact him in writing?

(Q) If so what did they say?

(Q) And do you want this track completely removed or is the moto cross-expectable?
 
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PMaynard

Guest
My husband did most of the contacting. I know he has spoken with Mr. Mellick and Wayne Boyd is also very informed of this matter.

I will get with my husband and get the answers to these questions for you. Hopefully yet today.
 
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PMaynard

Guest
I spoke with my husband and here are your answers.

He contacted Mr. Mellick but did not fill out a written complaint. Mr. Mellick stated it was not in his jurisdiction to go to the Town Planning and Zoning or Town Board (we did both).

Wayne Boyd says he can't do anything unless directed by the Town Board. The Town Board says they can't do anything unless directed by Wayne Boyd. My husband has talked to him personally. Mr. Boyd also stated that the Mud Pit Drags are within the qualifications of Light Manufacturing (but we don't understand this because it was a 2 year Conditional Permit).

We would like to have this whole thing disposed of as it does not fit in with the surrounding area of agricultural and residential. There are residences on all sides of this track.
 
C

CorySLOC

Guest
Private e-mail

I sent you a private e-mail read it get back to me.
 

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