Castanet

Who the heck are these people....what they should be really going after is going after the developers AND the parasites called realtors...they are the same level as lawyers....

http://www.castanet.net/news/Vernon/164 ... -for-noise

This judge is prejudice in my opinion. The track is not that close as to location.this so called development is 2nd class at best so I seriously doubt the developer or the home prices were ever compromised $$$ wise over the odd loud race car day over the years.A friend of mine owns a house(inherited\) there and he/she thinks this whole deal is bogus bs .There parents bought the house there years ago and they knew the track was there long before they moved there
I know them well and this is the first complaint I have heard of this deal after reading it today.This judge is plain wrong

The racetrack isn't that old, it opened in 2000. People were living there way before that.

^^^ that court order will most likely cause that place to close down, since racing is not a quiet sport. I guess the neighbours would like a lawn bowling instead.

Added: can't wait to hear all the complainers when that track opens in the Oliver area.

No kidding, who the heck moves next to a racetrack and then complains about the noise? Oh right, self centred people who think the whole world revolves around them and what they want. It would be different if the racetrack was built after the subdivision. But I guess people don't look at what is in the neighbourhood when they are looking to buy a house anymore. They just buy and *bleep* and complain about what they don't like.
I hope the owners of the racetrack appeal this decision IMO the judge screwed up big time on this. Would the judge have ruled against a farmer if people in a new subdivision filed complaints about noise or smells coming from farm operations?

In glancing over the judgement, it seems that the development was originally started in 1996. Just 4 years later in 2000 the speedway was built.

That highlights 2 things:
1.) Likely a small portion of the development there today was there prior to 2000, and assuming those properties are all with the original owners (which obviously isn't true) only a fraction can claim there was no speedway when they bought.
2.) Was this not an issue from 2000 until now? How many stupid home owners bought next to a speedway and then decided "damn, this is kinda loud"?

A speedway that was built 16 years ago didn't pop up overnight.

Even Steven wrote:The racetrack isn't that old, it opened in 2000. People were living there way before that.

not many lived there pre track most of the current owners moved there way after the track. its a subpar low$$ development
none of these people lost any money in this low quality cheapo development because there is a car race there every few weeks in the summer time

18 events a year, 2-3 events a year over the last couple of years? Good grief, some people seriously got something stuck up their tush.

I love racing and feel that noise is part of it. I love the sound of a racing engine.

But. The judge had to decide if there was an interference to the neighbouring properties. Look up the definition of a Private Nuisance. Does not matter who was there first. You have to keep your stuff from leaving your property and interfering with another property. Whether it is golf balls, baseballs, dust or noise. The law expects you to keep it within your own property.

re: farmers. In B.C. they are protected by the Farm Practices Protection (Right to Farm) Act. Unfortunately racetracks do not have that same protection.

Not the judge"s fault here. It sucks for the racetrack.
I agree that this is overkill.

Quote from judge : "Rogers said the track “is enjoined from using that land for any purpose that will cause a level of noise exceeding 80 decibels averaged over a five minute period measured at the point on the perimeter of the land most closely proximate to Lawrence Heights.”


Have to wonder what the complaintiffs use to cut their grass.

drive angry wrote:Quote from judge : "Rogers said the track “is enjoined from using that land for any purpose that will cause a level of noise exceeding 80 decibels averaged over a five minute period measured at the point on the perimeter of the land most closely proximate to Lawrence Heights.”


Have to wonder what the complaintiffs use to cut their grass.

Here is a chart: http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf

Added later:
So someone took reading at the closes part of Lawrence heights, 1 thing stand out to me:
1) the Hwy below Lawrence Heights is used a lot by transports trucks (how did they not get one or more of those going by as they check the decibels levels) as a route between North Okanagan & Kamloops.

GordonH wrote:Here is a chart: http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf

Added later:
So someone took reading at the closes part of Lawrence heights, 1 thing stand out to me:
1) the Hwy below Lawrence Heights is used a lot by transports trucks (how did they not get one or more of those going by as they check the decibels levels) as a route between North Okanagan & Kamloops.

I haven't seen anything anywhere that a reading has taken place. If not, an organized experiment might be in order. Could end up with an appeal and overturn of the ruling.

GordonH wrote:Here is a chart: http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf

Added later:
So someone took reading at the closes part of Lawrence heights, 1 thing stand out to me:
1) the Hwy below Lawrence Heights is used a lot by transports trucks (how did they not get one or more of those going by as they check the decibels levels) as a route between North Okanagan & Kamloops.

driveangry wrote:I haven't seen anything anywhere that a reading has taken place. If not, an organized experiment might be in order. Could end up with an appeal and overturn of the ruling.

Of course to get a reading of race track, highway traffic would need to be halted. Otherwise it would not be a true account of race track noise level

More Vernon economy down the tube in the form of part time jobs. It is no wonder that Vernon is known as a Welfare Community. When promising jobs come they get shut down. Another brilliant decision of our BC Judiciary.

Theory vs reality.