The Lawsuit

Not much is being said about the Chapter 11 bankruptcy filing by the NJMP.  What we mainly know is that the track is thumbing their nose at all the diehard supporters who believed in them in the beginning by investing hard-earned, personal money into the venture.  These local businesses now face the grim reality that they may only get pennies on the dollar of what is rightfully owed to them.  This is a common practice for all big business to shed debt in order to remain solvent.  The little guy be damned.  Very sad.  A Letter to the Editor in The News Of Cumberland County sums it all up.  The NJMP not only has adversely effected nearby resident's quality of life and property values with noise pollution, it goes even further by dissing the very people who were their greatest cheerleaders.

But their may be a silver lining for those of us who are suffering the effects of noise pollution.  TrackRacket has been able to be included into the bankruptcy and our claims will need to be settled before they can discharge their debt.  We drafted a list of "remedies" to them that addresses the excessive noise which is the main culprit that grossly affects our quality of life.  We believer our remedies are fair, reasonable and will not impede on their continued operation.

Read the article in The News of Cumberland County

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http://www.thedailyjournal.com/article/20110309/NEWS01/103090318/New-Jersey-Motorsports-Park-debt-load-millions

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The NJMP today thumbed their noses at the Millville/Cumberland County business community that from the beginning invested their heart, soul and hard earned money into what they believed was the entity that would turn this town around.  These local businesses were hoping for success with a payout down the road as all good business people do, and now they are the ones left hanging. If the track is successful in restructuring their debt, these local businesses will receive pennies on the dollars owed to them if they receive anything at all.


We at TrackRacket are saddened that the NJMP owners would treat their biggest and most vocal fans this way. In our opinion, this is downright despicable.

http://www.thedailyjournal.com/article/20110308/NEWS01/103080307/Motorsports-Park-seeks-bankruptcy-protection

http://www.pressofatlanticcity.com/news/press/new_jersey/motorsport-park-s-racing-season-to-begin-on-schedule/article_0d3165e6-492c-11e0-90e4-001cc4c03286.html

http://www.nj.com/cumberland/index.ssf/2011/03/updated_millville_officials_re.html

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Apparently, the City doesn't want you to know and has so far been successful in putting up roadblocks to keep them from testifying at TrackRacket's depositions.  Roadblocks that cost you money each time.  Roadblocks that say "you are not entitled to know why." 

In today's Daily Journal ( Judge's ruling favors city in track suit):  "Morris argued the plaintiff's lawsuit was too broad and an assumption can be made that the attorneys will ask the city officials about measures by the City Commission and the city's Planning Board that led to the creation of the park, or the officials' personal opinions on the subject. Those areas are privileged, Morris argued."

We stated that we were not going to ask the commissioners about their personal opinions.  Now ask yourself- why would the measures that led to the creation of the NJMP be privileged information?  There are reasons why this noise polluter was sited where it was and we are entitled to know the truth. 

Could the truth be as simple as the location is just too close to heavily populated areas, that there was no way to adequately control the noise so an insidious campaign was launched to downplay the noise and bolster the job creation in order to gain our consent?  Did they bet on the fact that once the track was built, it would be too difficult and costly to fight?

For the City Commissioners to continue to spend your money to dodge their responsibilities to you, the home owners and taxpayers, flies in the face of all things government is meant to provide- protection from harm.

Please take the time to reread the two motions in the below entry.  There is a bigger picture here, and it is time that it comes to the surface for all to see.

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"This is a significant advancement in the case, as the NJMP has made all efforts to avoid relevant discovery in TrackRacket's case."- TrackRacket lawyer Rich Gallucci

A Superior Court judge in Gloucester County last Friday ordered the New Jersey Motorsports Park to provide depositions from up to four representatives, including the park's owner, in a pending lawsuit brought on by a local anti-noise group.

Read the full story in The News of Cumberland County.

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On October 1, 2010, The City of Millville filed a "Motion to Quash" in an attempt to block the commissioners' appearance/participation at TrackRacket’s depositions.  Depositions are fact findings interviews conducted between TR’s lawyers and people of interest to the case.  These interviews are held in a controlled environment with the parties’ counsel present.  All the transcripts become public record.  The court hearing will be on Friday, October 29 at the Gloucester County Courthouse.  Very curious that no mention of this evasive move by the commissioners was in any of the local newspapers until we leaked the story. 

This motion to quash is nothing but the commissioners trying to absolve themselves of the mess they made by bringing a known noise polluter to our backyards without requiring protection from the noise and sneak out of being held accountable.

It is another slap in the face to the citizens of Millville as the commissioners would rather spend taxpayer’s money to pay for a lawyer to fight them rather than do their jobs and support them.

All the sitting commissioners who voted to bring the New Jersey Motorsports Park to our doorstep have fallen over themselves to declare their support for the NJMP.  If this private business was so critical to our community, then why are they dodging the very citizens they have been elected to protect?

If they have nothing to hide then they should be happy to appear at our depositions and set the record straight.

Read the City of Millville's Motion to Quash                           Read TrackRacket's MOL in Opposition

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At our Town Hall Meeting held on Thursday, September 23, Dan Rieck told NBC40 news: "Everybody has to be willing to suck it up a little bit, endorse something that is not quite perfect, and look at the big picture, which is jobs," said Green Flag Committee Co-Chair Dan Riech. 

Thanks for the advice.  However, we've been doing that for the last 2 and a half years by allowing our outdoor activities to be interrupted,  homes invaded by the annoying anad relentless noise, dealing with it even with the windows closed.   It's time for the NJMP to do the sucking.

The ball is in their court.  TrackRacket lawyer Oliver Griffin has opened the door and offered to partake in more Town Hall type meetings to help get all the issues in the open.  But will NJMP play?  Not according to the track's lawyer, Jeff Delizzaro.  "It's (town hall meeting) really not an appropriate forum for us to discuss these issues." -Daily Journal 9-24-10, Depostitions to begin soon in racetrack suit. 

And what about the Commissioners?  Apparently they didn't care enough to come hear what residents have been dealing with for these 2 and a half years.  They said they couldn't attend due to pending litigation.  But whose litigation?  TrackRacket's claim against the city was dismissed back in August, so it wasn't that.  Oh, that's right, it's from their side of the fence. 

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In the previous court hearing, the City was given a "present" by the judge by dismissing our claim and allowing the City to exclude noise generated by the NJMP from their nuisance ordinance.  And what did they do to thank her?  Filed a motion akin to a SLAPP suit (Strategic Lawsuit Against Public Participants) against TrackRacket and the citizens of Millville for seeking enforcement of Millville's own laws in an effort to curtail noise emanating from the NJMP and restore a modicum of peace to their community.  Suits like these have a chilling effect on the willingness of other citizens to participate in the process of local government.

But the judge said NO WAY!

In order for attorney fees to be awarded, it would have to be proven that we brought a case that had no merits.  Judge McDonald specifically stated in her decision that she was not addressing ANY of the merits of the case.  She stated simply that Millville "cannot be compelled to enforce a general public nuisance ordinance against the NJMP when it specifically and legislatively exempted the NJMP from the noise ordinance.*  Under the common approach to statutory construction, specific language takes precedence over more general language."

*Please note that the NJMP is not "exempted" from the noise ordinance, but has regulations written for it (80 dBl for 20 sustained).

For the City of Millville to have gone ahead and seek legal fees is over-reaching to say the least.  To say the most, it is rubbing salt into our wounds.  Wounds that came from loosing the original claim and wounds our quality of life have suffered since the first car zoomed around the NJMP 2 and a half years ago.  The City Commissioners who voted to impose sanctions upon the citizens of Millville who have sought only to restore the peacefulness of their community, acted in bad faith when they filed this motion.

And the judge agreed.
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On August 26, 2010, the Superior Court of New Jersey, Law Division, Cumberland County dismissed Trackracket’s claim solely against the City of Millville seeking enforcement of the City’s own public nuisance ordinance against the New Jersey Motorsports Park (NJMP).  In a written opinion, the Court determined that since the City had already exempted the NJMP from the City’s specific noise ordinance, the City could not be compelled to enforce its broader and more general public nuisance ordinance against NJMP despite the absence of a specific exemption to the New Jersey’s common law on public nuisance, the basis of Trackracket’s claim.

While Trackracket is disappointed with the Court’s decision, its cause and case remain alive and well against the NJMP and the unacceptable noise emanating from the track.  All of the claims for public and private nuisance as well as its statutory claims against the NJMP, none of which were addressed by the Court’s decision, remain.  In light of the positive and constructive remarks of Commissioner Finch at the August 17, 2010 Commissioner’s Meeting for the City of Millville calling for cooperation between and among, the City, NJMP and the City’s residents to reach an amicable resolution to the noise issues, combined with the continued prosecution of our legal claims, Trackracket and its members remain optimistic that they will be successful in abating the noise emanating from the NJMP.

We thank our members and residents for their continued support and will continue to work to once again make the City of Millville a peaceful community.   

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The above was the press release sent out to all the newspapers to announce the dismissal of our claim (not case, mind you- that is still alive and well) against the City of Millville.  What the judge did was to legislate from the bench and said that since Millville went to great lengths to basically exempt the NJMP from it's noise ordinance (something that is redundant for the State of New Jersey already exempts  it from noise ordinances) that they meant to exempt it from the broader written nuisance ordinance.  They simply just didn't do it at the time.  

None of the claims that the track is a public and private nuisance were addressed by this decision.   But someone please tell the NJMP.  They are already stating that the track is not a nuisance.  "What it says is the city has no obligation to declare the Motorsports Park a public nuisance, which it's not," DiLezzaro said. -Judge dismisses part of suit, Daily Journal, 8-28-10.

Click here to read the full judgement

Nice try, Mr. DiLezzaro, but it won't work.  The judge just retroactively exempted it from the  municipal nuisance ordinance, in essence calling it a nuisance!  You cannot have something exempted from a nuisance ordinance if is isn't a nuisance!

What does this mean to you?  All this means is that we now have no recourse for actions from our complaints.  No finger will be raised to investigate or punish excessive noise generated at the track that you experience in your homes.  All the more reasons to fight for proper sound abatement so we can live in somewhat peace and quiet and have our property protected against the debilitating effects of noise pollution.

For at the end of the day- aren't we worth protecting?

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By EDWARD VAN EMBDEN Staff Writer | Posted: Thursday, March 18, 2010

Click here to see the actual article in the Press of Atlantic City

Representatives for an anti-noise group have entered a default judgment against Millville for not responding to a lawsuit that claims the city, along with the New Jersey Motorsports Park, is responsible for harming the quality of life for residents living near the track.

The suit was brought against the city and NJMP in late December by Philadelphia-based lawyer Oliver Griffin on behalf of members of the group TrackRacket.  Griffin said the racetrack has responded to the suit but the city has not, despite e-mail follow-ups. A default judgment would allow TrackRacket to automatically win its case seeking enforcement of noise regulations.

The suit was filed in Cumberland County Superior Court but has been moved to Gloucester County Superior Court, a court clerk said Thursday.  TrackRacket alleges that the motorsports park deceived city residents regarding noise pollution and failed to make good on economic promises. Millville, the suit claims, is complicit with the track and does not enforce state noise pollution and nuisance laws.

The suit seeks an injunction on development at the track as well as changes to racing conditions. It also seeks damages as it states that property values in the area have decreased specifically because of the track.

Griffin said the default judgment asks that the city enforce nuisance statutes. What constitutes a nuisance is unclear, however, as the noise generated by the track fluctuates depending on a number of variables, including atmospheric conditions, city and track officials have said.

NJMP officials have declined to comment about the case, although they have responded to the suit.  Millville has maintained that the noise generated by the park does not exceed local and state levels.

City Solicitor Rich McCarthy said Millville has filed a motion to vacate the default judgment. He did not say why the city did not respond to the suit previously. A hearing on the judgment will be held April 16 in Gloucester County Superior Court in Woodbury.

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