Calling the decision “unlawful” and “unconstitutional,” opponents of a motorsport track in western Warren County are going back to court over a change to the track’s operating permit.

A group of residents along Highway B are asking for a judge to overturn Warren County’s decision to expand the number of events and spectators allowed at Hickory Ridge Motorsport Park, located 7 miles southwest of Pendleton. This will be the third round of court battles over the track.

In January, the Warren County Commission approved a change to the track’s permit that doubled the number of yearly events to 10, and tripled its max occupancy to 1,500 people. The commission also rescinded a two-year renewal requirement for the permit.

Opponents had appealed those changes, only to be rejected by a unanimous vote from the county commission Jan. 23. Opponents now claim the county’s decision violates state law and are asking the 12th Circuit Court to intervene.

In a petition to the court, attorney Neil Bruntrager argues that local residents testified that the Hickory Ridge track creates a variety of disturbances which violate the county’s own guidelines for when a permit should be issued.

“There is no valid reason” for the county commission to approve the permit changes for Hickory Ridge, knowing that it would cause disturbances relating to noise, traffic, and a variety of other concerns, according to Bruntrager.

Bruntrager argues the decision to award the permit violates state law because it was made “without competent and substantial evidence.” He also claims the county’s zoning code, which guides such decisions, violates the Missouri constitution because it is too vague, and allows the commission too much discretion in awarding a permit.

While calling for a judge to reverse the county’s decision on the permit, opponents are also seeking an immediate injunction to prevent the expanded events and occupancy from going into effect before the lawsuit is decided.

Franklin County Associate Circuit Judge David Hoven has been assigned to oversee the lawsuit, after 12th Circuit Presiding Judge Jason Lamb recused himself from the case.

Prior lawsuits

The arguments against the Hickory Ridge track in many ways retread ground that was already covered in two previous lawsuits.

When Hickory Ridge owners George and Dana Heath were first granted a permit for their facility in 2016, opponents filed a similar lawsuit seeking to overturn the permit. That case traveled all the way to the Missouri Court of Appeals, which in late 2018 ruled that the Warren County Commission acted within its authority in granting the permit, despite the objections of opponents.

Earlier in 2018, opponents also sued when the county granted a two-year renewal for the Hickory Ridge permit (a requirement that was removed in this latest decision). That lawsuit was dropped after the first suit was decided in favor of the county and the Heaths.

Because of the ongoing court cases, Hickory Ridge has only been in operation since the start of 2019. Information on the track’s Facebook page indicates organizers are planning events this year based on the expanded permit. A potential injunction from the court could significantly impact those plans.

A representative of Hickory Ridge declined to comment on this latest court filing.