Even Texas has idiots!

Hot Rod Hill to be closed

Jury decides in favor of track's neighbors

By CRAIG KAPITAN
Eagle Staff Writer

A popular Brazos County racetrack will have to close its doors following a jury's decision Wednesday afternoon that its noisy events constitute a nuisance to neighbors.

Hot Rod Hill has been in operation for three years and received nine tickets for noise violations before the civil suit was filed in July 2004. For the past year, the track has been under a temporary injunction that limited operating hours till 11 p.m. and set restrictions on noise levels.

Wednesday's decision, however, means the track north of Bryan will have to shut down permanently. Owner Wayne Brown also was ordered to pay plaintiff Donmichael Triolo $3,000 in damages.

"He's obviously disappointed," Brown's attorney, Bruno Shimek, said of the track owner after the verdict was announced. He said Brown hasn't yet decided whether to appeal the decision.

"He felt the substantial changes he made [to the property] in the past year would be enough to convince the jury he was on the right track."

Brown testified during the trial that he had installed sound barriers and made additional improvements to the track as revenues from the races came in. He improved efficiency of the races, which on at least one occasion had lasted past 1 a.m. prior to the lawsuit.

But the jury seemed to think too little was done too late, Shimek said.

The defense argued during the three-day civil trial that the track had been a boon to the local economy, it was a family environment that offered structure to young racers and it was located in a primarily industrial area.

Shimek also pointed out that Triolo, who is developing additional homes next to his own house near the track, recently was able to sell those lots for four times what he paid.

Triolo deferred comment Wednesday to his attorney, Paul Murphy.

"It's hard when you shut down a business permanently, but businesses have a duty to respect their neighbors," Murphy said. "That's what this case was all about."

His client was happy with the result, he said, despite his request to the jury during closing arguments that Triolo receive $30,000 in damages - about what he paid in attorney's fees. Getting the racetrack shut down always was the first and foremost priority of the lawsuit, Murphy said.

Although Triolo was the only plaintiff in the suit, several other families living in the area testified they had contributed time and money to the case. They would have filed their own suits if they had the finances to do so, several said when called to the witness stand.

College Station police Officer Darrell Luedke, who estimated that he lives about a quarter-mile from the track, said the weekly Saturday evening races were loud enough that he had to raise his voice almost to a yell when on his front porch.

"Most of the time, we can't stand it to be out there," he testified Monday. "It's difficult at times to get to sleep until the race is over."

If allowed to keep operating, Brown planned to keep the 11 p.m. cutoff time and to continue taking steps to further reduce the noise, he testified Wednesday.

"I don't intend to cause any problems," he said.

Also called to testify by the defense were neighbors who said the races didn't bother them or their children.

Triolo obviously hasn't suffered financial harm, Shimek said during closing arguments, but Brown sold everything he had to build his track. Shutting it down would ruin him, he warned the jury.

"Wayne Brown has put his life into this racetrack," he said, explaining that three years were spent building it with his own money before it was even opened. "He's put his heart and his soul and his sweat into this racetrack."

However, if the jury did allow the track to stay open, it would be just as detrimental to Triolo, Murphy later countered. The nuisance would end up driving Triolo and his family away from the dream home they built from scratch, he said.

"We've heard promise after promise after promise," he said, referring to Brown. "They're empty. He has operated with absolute total disregard to anyone else who isn't a race fan."

 

If that were the track where I ran my car, I'd start running it in their neighborhood.

I hate people.

 

Some people in our society can't stand to see other people having fun.
And those people always seem to squirm into positions of power.

Any activity that causes a person, couple, or group to approach or attain a state of euphoria is ruled somehow illegal.

 

Yep...me too.

That sucks ass.

 

Was the track there before the idiot built his crappy "dream house"?

 

Of course! This is like the idiots who build homes next to airports, then bitch about the noise.

Deep pockets probably had something to do with the outcome - the developer was contributing jobs to the area, buying from local retailers & wholesalers, and adding "value" to the district. Politicians & civic leaders love that stuff.

The track operator lacked these attributes, but perhaps the community will find the track "noticeable in its absence" when street racing increases on the local streets.

 

The local politicians managed to drive a NHRA sanctioned track out of business here (Austin) because it "Attracted the wrong type of people".

Your tax dollars at work.


dave

 

The squeeky wheel gets the oil..............Bastards.

 

He should sell the land to a developer of low income crack infested apartments. The neighbors would beg the track to come back.

 

I'll volunteer to be first! Model A coupe with a 390 caddy with 6 twos and open zoomie pipes....and I'll even remove the baffles to brighten their night...ya, I'd run it through there at 3:00 fuckin a.m.

 

to quote a favourite movie

"never, underestimate the predicability of stupidity"

 

Amen.

 

The same struggle is going on at our local track here in Kansas City. Well, actually it is outside of the city limits in a valley with a road going through it that has been pretty isolated for at least 25 years. In the last ten years developers have built nice "dream homes" and one of them has been a local politician with a big name "Bartle". H. Roe Bartle was a big politician and Boy Scout leader back in the thirties and there is a Colliseum named after him. Anyway, one of his descendents is making a big deal about the noise at the track. Exactly the same story. So far the track is still here, but who knows?

 

This really sucks, they been threatening to close Princeton Speedway track at the fairgrounds in our town for the same reasons. In reality the city would make more money off taxes on the property (from the new homes built). It will be closed eventually and more history lost.

 

Thank you! As a owner of a house on an airport. I am fixing to have to deal with this very problem and we are in the country

Airports/Tracks rarely win unfortunatly.

They are building houses at the end of our runway right now.

 

This is in my town. THe houses were there before the track but the track owners family owned the land before the houses were there. It's not hot rods though, it's sprint cars and stock cars. It's a small dirt track. Not really an environment you would take your kids to either. Think of the bottom end of that kinda racing and thats pretty much what was there. Not sure where I stand on it. Hate to see any motor sport put out but I understand the other side problem with it. And they did routinely go till 1-2 in the morning untill the suit was filed.

 

that's the big question, who was first? in this case, if as you say, the houses were built before the track, then sad as it may be, the right thing is being done. if the track was there for years before the development began, screw the homeowners! and being roundy round racing, i can understand the homeowners concern in this case, they are much louder than drag racing! especially when you get to the "features" at the end of the night.

here in colorado springs we are in the process of losing a fairly big racing venue(they host(ed) one big nascar race a year). Pikes Peak Intl. Raceway has closed down. this is where the Goodguys colorado show was held, as well as a handful of swapmeets. the reason it is being closed down? the new owners want to build a similar track near Denver, and don't want the competition so close! that in itself i can understand, but they are completely razing the track, nothing will be left. can't be used for the swapmeets, shows, or even the autocrossers that used it because it was the only large clear parkinglot in the area.

 

I have one even worse than that. There is a model airplane field near here that has been in operation for 30 years. It is on a large open field, right next to the interstate. The field is surrounded by dense cedar trees. The nearest houses are some $350k homes about 1/2 mile away.

Apparently the itty bitty airplanes who could not possibly fly over or near these houses are creating too much noise. Nevermind that this neighborhood borders a busy interstate.

The neighborhood managed to get the field shut down. They even disked the landing strip to make sure NO ONE can take off or land there. I think its funny though that I still see the helicopter guys out there sometimes until the police run them off.

 

AOPA who represents private pilots and plane owners have fought several of these suits with the airport being there before homes were built.
The suits about shutting down the airport.
They've had succeses in some cases and losses in others.

Seems like some people find a little authority by filing complaints and suits about airports and the like and even after losing will not quit.
They got a taste of fame - shallow though it be - and find they like it.

Long Beach Marine Stadium lost their right to have boat drag racing cuz one guy living quite a ways away could walk out to the sidewalk of his house and hear drag boats.
Inside the house, no problem.

One property owner adjacent to an airport who had a house for sale and kept filing complaints finally quit when AOPA's lawyers sent him a letter that he would have to disclose the adjacent airport and noise when he sold the property.
Strangely enough, the complaints quit.

Life can be difficult when your Ox is gored.

I'll bet that once the developer gets the race track shut down, he'll sell his "dream home", take the money and run.

Life's the same wherever you live.
I've lived in more than a few widely separated towns as well as a couple of states.
In every town, the developers had the city/county council in their pocket and questionable development was allowed even though the people were against it.

The most classic example of who's really in charge was in Ventura, California where I grew up.
The county decided they needed a new county center.
It was put on the ballot and voted down . . . twice.

They built it anyway....

 

Another on along these lines was when Orange County International Raceway was shut down.

According to the media, it was due to noise.

Interesting part was that the race track was very close to El Toro Marine training center and airport.

If you've ever heard an F-4 in the pattern . . . fuelers got nothing on them.

The media also reported the track property was going to be developed.
Last I heard the track was still pretty much like it always was and there are no homes there.

 

Hot rod magazine published a mag titled "History of Hot Rodding" in the winter of 2004. Article in there by Pat Ganahl about closed drag strips in southern California. Most are still there abandoned. At one time there were 46 to 60 drag strips operating there. The big misconception was they were lost to real estate development. That is only true in 2 cases; Paradise Mesa in San Diego and Saugus northeast of L.A.

Sad but true we just can't have fun anymore unless our last name is France.

 

Sorry Oldsguy wrong stadium. Big bankers step son, thinks he the shit. I agree people suck.

 

to quote the dead milkmen:

"bitchin camaro, bitchin camaro, doughnuts on your lawn..."

 

I hate everyone. That's why I'm saving up for an island.

 

How the hell did you find that article when you live in CAli?
It's sad to see it close but lowburban is right. Sprint cars running motorcycle engines are what race there.

I don't understand why they built it where they did. It is basically an industrial park with nothing but neighborhoods north of it. We live in a small town. Ten minutes down the road land is cheap and the neighbors are scarse.

One of my patients races there and says he will quit racing if they close. The next closest dirt track is in Temple 2 hours away.

Truthfully he could switch what he races and keep going. We have the Texas World Speedway in town. It was built in the 60's? - I think to try and get NASCAR here... it didn't work out and now it is only used for club racing... like Ferrari's of Houston... they have crotch rockets and Miata's mostly on the weekends.

 

Oh, I thought this was gonna be a bitchfest about environmentalists-I guess you get it from all sides
What the hell is that guy doin' on his porch @ 0100? Yes, Texas has TONS of idiots.

 

Is it really that simple???

We have fewer and fewer rights by the moment!

 

The houses were there before the track. Like thirty roadster said. Ten minutes down the road is the country, no neighbors, cheap land, etc.. Wayne is not the easiest to get along with either. I'm sure it didn't start out as diplomatically as the lawyers said.

 

Someone needs to start racing F4's, as in Phantoms!

now that would make some noise, and airspace is cheap.

 

Or a Walmart.