"Gentlemen, start your engines!"
The operator of Arizona Motorsports Park, a controversial track west of Litchfield Park, has won the green light to offer those words and resume racing.
The Arizona Court of Appeals has turned thumbs down on efforts to keep the track closed because of noise complaints by unhappy neighbors.
In a unanimous decision, the court overturned a January 2004 vote by the Maricopa County Board of Supervisors that put the track out of business.
The court held that the track operator had a right to rely on an earlier vote by the board granting a special use permit.
Max Wilson, the board chairman, said he is unhappy with the Aug. 27 ruling and described it as "bad news" for residents of Litchfield Park and Goodyear.
"It's not a good decision for the homeowners and residents who have complained of the roaring noise and disruption the race track brought to their lives," Wilson said.
He said the board will attempt to have the Arizona Supreme Court overturn or modify the decision, but cautioned that "there are no guarantees."
John DeWulf, a Phoenix lawyer for Dan Maloney, operator of Arizona Motorsports Park, said the ruling opens the door to renewed racing.
"And we intend to do so," DeWulf said, when reached Wednesday.
Maloney feels good about the ruling and is anxious to resume racing, DeWulf said. However, the lawyer was unable to say when the track will be running again.
"The track can be an asset to the community," DeWulf added.
The $6 million facility, at 15402 W. Camelback Road, opened in March 2003 on a 155-acre site that included a 16-turn, 2.23-mile racecourse.
During a public meeting in June 2005, neighbors complained to Litchfield Park officials that the track was too noisy while it was operating.
Track supporters countered that the neighbors apparently were able to distinguish the sound of cars using the track from the thunderous roar of F-16 fighter jets taking off and landing at nearby Luke Air Force Base.
In court papers, lawyers for the county argued the special-use permit was granted after track officials misled the county by claiming the facility would operate as a non-commercial venture.
Essentially, track officials made statements portraying the racing facility as a "private toyland" for Maloney, the lawyers argued in the court documents.
However, the Court of Appeals rejected those arguments, saying the Board of Supervisors "did not issue a formal decision outlining the misrepresentations that formed the basis for the revocation" of the special-use permit.
The appellate court said Arizona Motorsports Park relied on the permit and "spent money to finalize the purchase of the site and to build its facility."
Brent Whiting can be reached by e-mail
at bwhiting@westvalleyview.com.
