You Mean A Racetrack Is Noisey?

[TheBoss]

The okanagan Valley new slogan should be the NO FUN ZONE. Come to the Okanagan valley, buy an overpriced house, drink wine, and whine about people having fun. This is complete BS. This is why i hate the Okangan valley what it is becoming.

[dontrump]

The okanagan Valley new slogan should be the NO FUN ZONE. Come to the Okanagan valley, buy an overpriced house, drink wine, and whine about people having fun. This is complete BS. This is why i hate the Okangan valley what it is becoming.

well I understand your anger and agree with the principle behind your post there are sanctions to be had on both sides overall. The deal was that the district of spall gave them a permit to build the track and hold X number of events
what happened to that issue and why is this larwence heights guy get all this "iam right and your wrong" especially from this judge that ruled in his favour ? in fact where did the whole court action stem from and why is Spall not accountable here? so really what is the real whole story???

[GordonH]

^^^ Race track is in District of Spallumcheen
Housing area is in OIB lands

[dontrump]

^^^ Race track is in District of Spallumcheen
Housing area is in OIB lands

that makes the race track even more legal and completely in the right. what would be nice to know is what was the original conversations between the LH owner- Spall -the Indians and the track people?

[honeymuffins]

Just because DoS says it's permitted, doesn't mean you won't face complaints from one or more residents. Car racing became a private nuisance at some point in time, and does not represent industry, commerce or trade.

Who owns which property and for how long is not the judge's concern. Judge's ruling seems reasonable if you take the time to understand the basics of civil law. You want to point a finger, thank the Romans, they set the wheels in motion several thousand years ago with the 12 tables.

[Gixxer]

Looks like another victory for the Whiner and Complainers of the Okanagan.

It really is disgusting that these people keep getting their ways

[honeymuffins]

All property owners have rights. Seems you are the one complaining that they exercised their right to use and enjoyment of their residence.

[vinnied]

That stretch of road is well used by motorcycle enthusiasts doing the Westside loop or even heading out to Salmon river road, or Falkland. With all the complaining we've heard about loud pipes, im sure the race track noise a few times a year is nothing in comparison to all the bikes taking off from that intersection throughout the spring, summer, and fall.
why dont they sue some of them? Put your camera out, get some plate numbers, and go for it.

[maryjane48]

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.

The track had been permmited i think 8 races a year at 80 db . This judge over ruled that .

[GordonH]

I have a question that maybe someone would be to show proof of.

Now its known the race track was built in 2000, when was the mobile trailer/housing development started.

[vinnied]

I have a question that maybe someone would be to show proof of.

Now its known the race track was built in 2000, when was the mobile trailer/housing development started.

best info i could find. seems like this place has ran into its own legal battles in the past

BACKGROUND

Lawrence Heights is located on land within Okanagan Indian Reserve No. 1. On
March 20, 1996, the Minister of Indian Affairs and Northern Development granted a lease to
the defendant as permitted by the terms of the
Indian Act

That lease, referred to by all concerned as the “Head Lease”, runs for a term of 49 years and expires on
February 28, 2044

[GordonH]

^^^ Thank-you vinnied

Would be interesting when the first resident moved in, then it would show who was first.

[LoneWolf_53]

Just because DoS says it's permitted, doesn't mean you won't face complaints from one or more residents. Car racing became a private nuisance at some point in time, and does not represent industry, commerce or trade.

Who owns which property and for how long is not the judge's concern. Judge's ruling seems reasonable if you take the time to understand the basics of civil law. You want to point a finger, thank the Romans, they set the wheels in motion several thousand years ago with the 12 tables.

That sounds like the same mentality used by the whiners.

You know there is such a thing as common sense, meaning that someone who is that opposed to noise should have used said common sense and not purchased a residence bordering a race track.

That being said, there is a lot of information that it seems people aren't really aware of so the reality of the situation tends to get somewhat distorted.

The truth of the matter is that the complainants consist basically of the developer and no more than four residents, and as far as I'm concerned this is nothing more than an attempt at a cash grab by the developer.

The majority of the residents of Lawrence Heights actually like and support the track, including the Lawrence's.

This developer is nothing more than an opportunistic *bleep*, and the judge who ruled in his favor should be removed from the bench pronto!

Before making such a ridiculous ruling he should perhaps have spent at least five minutes looking into what decibel range a lot of common items operate in, and believe me it's higher than 80db, so to put such a requirement on a racetrack is something only an imbecile would do.

[vinnied]

^^^ Thank-you vinnied

Would be interesting when the first resident moved in, then it would show who was first.

from the same case I managed to dig up a couple more dates

"Norman Drieger moved to Lawrence Heights in September 1998"
"
Roy and Jacquie Lewendon moved to Lawrence Heights
in October 1999"

[Gixxer]

Looks like the whiners and the complainers of the Okanagan are at it again.

http://www.castanet.net/edition/news-st ... htm#172589