Court of Appeals sides with Rice County in Motokazie environmental case - Faribault MN: Local

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Court of Appeals sides with Rice County in Motokazie environmental case

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Posted: Thursday, April 24, 2014 2:00 pm | Updated: 12:17 am, Fri Apr 25, 2014.

Last week the Minnesota Court of Appeals upheld the Rice County Board of Commissioners’ decision that an intensive Environmental Impact Study was not required for the development of the motor sports park, Motokazieland, ending an 11-month legal battle between the Berg family, the county and Lee Theis of Motokazie, Inc.

“I am pleased with the outcome. The County and Motokazie completed a very detailed Environmental Assessment Worksheet and that is exactly what the Courts affirmed. I am happy to have this lawsuit resolved,” Theis said of the April 14 decision.

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7 comments:

  • GentleGerman posted at 10:35 am on Wed, May 14, 2014.

    GentleGerman Posts: 1

    Wow, good to see the anecdotal fallacy is still alive and well. The scare tactics and fear-mongering associated with the majority of MX tracks is bogus, and isolated incidents of jerks ruining everyone's day are just that. More or less these are opinionated individuals which move to an area that was previously less populated before they arrived, to the dismay of the current residents, and then become upset when development continues in the area. They are as well totally blind to the irony of their own plight. It's damned sickening frankly.

    Might I add that a highway produces 70 to 80 dB/a pretty well constant, and guess what the Bergs are hearing that day in and day out. Anyone racing in one of Lee's races has to conform to AMA standards for 95 dB/a for a four stroke machine, meaning them must have the correct equipment. That right there is the noise made by your standard mower, or an airplane overhead, or helicopter buzzing by. Let me tell you we get or fare share as well, but you don’t see everyone up in arms petitioning for noise restrictions.

    The biggest problem with Rice Co, the Bergs and the whole fandango, is the fact that this is a Business that has not been subject to the same treatment that other businesses would have received in a similar situation trying to develop in this area. Not to mention Motokazieland would have actually added to consumption and economic development in Rice County, and given young and old individuals a safe place to ride, yet instead we get NOWHERE SAFE TO RIDE. The Bergs should not have any control over this situation, and they exercised what they could in their own interest in protest. As a citizen it is also upsetting to have what I perceive as an activist board of Commissioners in Rice Co.
    When I hear about the board denying Rice Co. health services employee aide due to the workload with little reasoning, while a year later voting themselves raises because “we deserve it” it makes me wonder why things like this are not being afforded a better chance by the Co. to add to the coffers.
    [blink]

     
  • Ofsilence posted at 3:23 pm on Tue, Apr 29, 2014.

    Ofsilence Posts: 753

    At some point, the land next to the Berg's will be developed. Sure, the Berg's and people in their shoes will fight the fight but in the end they are fighting a losing battle. Developers need land and land is becoming more scarce in this state (at least the land that you can make a profit from).

    Im not saying its right but its a fact of life. Ive had a similiar situation like this happen around where I live and the local residents pushed hard to make the project not become a reality. But all of us knew that at some point....probably 10 years from now or so that the land WILL be developed and there's really nothing we can do to stop it. The timeline depends on how valuable the property is next to the Berg's.

    If we're all NIMBY's then nothing will be built. Which is fine with me........but others need the kind of jobs these developed properties bring so I guess you pick your poison.

     
  • jack50 posted at 6:31 am on Sat, Apr 26, 2014.

    jack50 Posts: 5

    You don't have to look far to see the problems MX tracks cause around the country. Look at this article... It documents tracks from all over the country and looks into all of the lawsuits associated with them. Everything from noise, blight, permiting violations, no respect for neighbors, drunk spectators, etc.

    http://oregonfirst.wordpress.com/2010/11/06/history-of-mx-tracks-pitting-neighbors-against-neighbors/

     
  • observer23 posted at 4:27 pm on Fri, Apr 25, 2014.

    observer23 Posts: 18

    Ofsilence: I don't know the Bergs, but in their shoes, I believe that any one of us would fight the same fight. They're faced with everything they've worked for being instantly devalued. And even if they wanted to sell, who would want to buy it?!

    As to the noise, that's going to carry a LOT farther than anyone thinks. Bad Betty points out the reality of it all - it won't end up being the harmonious paradise that it's being presented as.

     
  • Bad Betty posted at 9:13 am on Fri, Apr 25, 2014.

    Bad Betty Posts: 10

    I side with the Bergs totally...being a lifetime motorcycle rider and owner, and being around dirt bikes, son had one, and going to races no way should this be built so close to their home...the smell, the noise the amount of people invading their space is so unfair...plus the trash which sooner than later will end up in their space.. I camped near a race track attached to a campground , it was horrible...
    There is plenty of land in the middle of no where, build it there, or don't build one...I know I wouldn't want it near my property...

     
  • Ofsilence posted at 8:11 am on Fri, Apr 25, 2014.

    Ofsilence Posts: 753

    Let's just call this what it is - it's a big whine fest from the Berg family. My advice to them is that if Motokazieland is built on the currently proposed site, then the Berg's should move if they dont like living next to it (I know I would). Or......they could purchase the land since the Berg family is far from being poor. A lot of this just seems like a big waste of time for everyone involved.

    In my area, there was some massive development that was proposed to be built next to my property which would have really altered the area. If the development would have happened I would have moved. In the end, the Berg family is fighting a fight they cant win unless they want to purchase enough land around them so that they can live in the environment they want to live in. Generally, they have no legal right to determine how someone else's adjacent private property can be used.

     
  • stormscout posted at 6:59 am on Fri, Apr 25, 2014.

    stormscout Posts: 99

    Good luck Mr. Theis, The county as well as all the competitors will have a well planned out facility that will benefit all. Thanks for all you have had to put up with to get this done.

     

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