A Missouri appeals court has upheld the permit for a motor sports track on Highway B southwest of Pendleton.The Eastern District Missouri Court of Appeals ruled June 5 that the Warren County Commission had not erred in granting the permit for MSA Heath LLC to build a track for mud runs and truck/tractor pulls.Nearby property owners along Highway B had collectively sued to overturn the permit, which was first granted in 2016.MSA Heath owners George and Dana Heath have been prevented from developing the track while the lawsuit was in court.In their lawsuit, attorneys for the opponents argued that mud runs and truck/tractor pulls are not allowed in an agricultural area because those activities are not listed in the county’s planning and zoning code, which governs land usage.Opponents also argued that the Warren County Commission had made the decision despite evidence presented against the permit.The lawsuit was elevated to the state court of appeals after Warren County Circuit Court ruled in favor of the county and the Heaths.The appeals court also ruled in favor of issuing the permit. The county commission has the power to issue permits for a broad range of activities, even those not specifically listed in the zoning code, the court stated.The appeals court also rejected the argument that commissioners failed to properly consider evidence in the case.“If the evidence would support either of two different, opposed findings, an appellate court is bound by the determination of the (county commission),” the court wrote. “It is irrelevant that there is supportive evidence for a contrary finding.”Still unresolved is a second lawsuit that was filed by the same group of property owners in January 2018.The Warren County Commission voted late last year to extend the track permit for the Heaths for two years. The permit was originally issued with a two-year time limit because of the strong negative feedback from neighbors.After the county commission voted in December 2017 to extend the permit by another two years, the opponents filed the second lawsuit to block that decision.That lawsuit is currently pending a hearing in Warren County Circuit Court.

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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