Document text
CLEAR Temp: 59 °F Wind: NE at 6 mph Monday, May 19, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend April 16, 2003 Motocross foes get restraining order By DAMIAN MANN Mail Tribune Neighbors opposed to a 100-acre motocross track in Ruch obtained a temporary restraining order Tuesday that shuts down any off-road vehicle use, bulldozer work or large gatherings. Ashland Attorney Chris Hearn, who represents 20 property owners, told Circuit Court Judge Lorenzo Mejia that the motocross track and trail work have become a nuisance to neighbors. Saying he has a number of Oregon cases as precedents, Hearn said, "One neighbor can’t unduly interfere with another neighbor’s use of their property." Hearn said the sound of 30 or more dirt bikes roaring up and down the Applegate Valley is of grave concern to neighbors. "These bikes are real loud and real obnoxious," he said. The property along Highway 238, owned by Jim Byrne, is being leased by Jim Knight, who held a motocross event at the property in early April and planned to hold more events in the future. County officials have warned Byrne that he couldn’t hold commercial motorcycle races on land zoned exclusive farm use. And Byrne was cited by the Bureau of Land Management for driving his tractor onto federal land. Knight criticized the latest effort by neighbors to block the off-road races. "This is going to get real ugly and real fun," he said. "We will contest it and we’ll have 300 riders a day for free just to prove a point. See how they like that." Knight, who said the newly formed Applegate Dirt Bikers Association was prepared for this legal action, planned to hold a ride Tuesday night to prove a point. "War hits the Applegate," said Knight. Many of the neighbors have an easement that goes through Byrne’s property, and that could also be changed, said Knight, who plans to take the matter before the Jackson County planning department. "We will reroute it," he said. "They’ll have to travel 30 miles to get to their houses." Knight, who’s planning to hire his own attorney, said he tried to meet with the neighbors to resolve this matter without going to court, but nobody would meet with him. "They wouldn’t meet with us and see the kids riding and see the families riding," he said. "They don’t want anybody to ride and have fun." Hearn said the restraining order will become official once a $20,000 bond is posted, something he expects to complete in the next couple of days. The court order prohibits mass gatherings, motocross races, concerts or similar activities and events. Hearn said the restraining order, which will remain in effect until Circuit Court Judge Phil Arnold considers a request for a permanent injunction on April 28, was created to be as broad as possible to make sure activities at the Byrne property end. "If they violate it, the judge could fine them or take them into contempt of court," Hearn said. "And, if that doesn’t work, they could end up in jail." Neighbors hope the court action will lead to some kind of long-range solution that balances the rights of all the property owners, Hearn said. "They don’t want to antagonize the guy and make him angry," he said. "The neighbors don’t want a range war." Reach reporter Damian Mann at 776-4476, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S