Final lawsuit over motor sport track dismissed

By Adam Rollins, Record Staff Writer
Posted 8/10/18

Residents along Highway B have dropped their second lawsuit filed against the Warren County government. Their first lawsuit was dismissed by an appeals court in July.The lawsuits stemmed from …

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Final lawsuit over motor sport track dismissed

Posted
Residents along Highway B have dropped their second lawsuit filed against the Warren County government. Their first lawsuit was dismissed by an appeals court in July.The lawsuits stemmed from decisions by the Warren County Commission to grant, and then extend, a permit allowing operation of a motor sports track southwest of Pendleton.MSA Heath LLC was first granted a permit in 2016 to build the track along Highway B for mud runs and truck/tractor pulls. Nearby property owners protested for the county commission to reverse the permit, and then collectively sued the county when the decision was not in their favor.The original permit had been granted with a two-year renewal requirement, which the county renewed late last year, leading to a second lawsuit.The first lawsuit made it to the Eastern District Missouri Court of Appeals, which on June 5 ruled that the Warren County Commission had not erred in granting the track permit.The Highway B residents had argued that the county commission failed to properly consider all the evidence in their protest to reject the track permit. But the appeals court stated that if the evidence would support either approval or denial of a permit, the commission is within its authority to decide between the options.That decision had left the protest group’s second lawsuit unresolved. The group had sought to prevent Warren County from extending the track permit while the original lawsuit was playing out in court.On Sept. 26, an attorney for the Highway B homeowners sent a notice to Warren County Circuit Court that the group is dismissing the second suit. The notice did not provide any additional details.

The site of a proposed mud race and truck pull track on Highway B in Warren County is southwest of Little Lost Creek Conservation Area.

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The location of a proposed mud race and truck pull track on Highway B in Warren County is southwest of Little Lost Creek Conservation Area.


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