McAfee MX - Another Riding Facility In Court to be Shut Down
I know most of you are more into Muenster and trails than MX, but this may be of interest to you. I enjoy both and have been to three Dirt Weeks. There is a track near Lake Kiowa (McAfee MX). The track has been temporarily shut down because the owner is being taken to court . Basically, there are some residents who are claiming that they are being physically and mentally affected by this track.
Please read the following thread from MXcrazy.com. I know it is long, but similar situations are going on nationwide and we, as motorcycle riders are the ones suffering.
Alright, would ya try and save Mosier Valley now if you had another chance, ABSOLUTELY.
Well here is your opportunity to jump on the band wagon and help try and save one of the very few tracks that are left in North Texas area.
I spoke with Mark Mcafee several times this week and I will lay it out what exactly is going on with the track. There are 10 people that have signed affidavits against the track as to how and why they feel the track is adversely affecting their lives....These were presented to the Cooke County judge thus resulting in a temporary Restraining Order keeping the track from being open for right now.....The restraining order is based on the track being what is called "A Public Nuisance". I will list a few of the accusations that have been thrown at Mark as the owner of the track.
1. The noise is too much thus resulting in neighboring houses rumbling and some of the neighbors say it is a direct result for some loss of their hearing.
2. Accusations by some of the neighbors say that the dust has resulted in allergy reactions and dust all over their furniture and personal property.
3. Accusations are being stated that the track has de-valued the surrounding properties.
4. Accusations are being stated that it has caused highway 902 to be come a commercial thoroughfare rather than a residential country road as it was originally zoned for.
5. You can read the court documents for yourself to see the other issues that are against the track...
Mark has been to court twice to date regarding the lawsuits and restraining orders filed against him and the track. He has another court date coming up this Friday, April 7, 2006. At this court date the restraining order will either be lifted and the track will re-open and a trial date will be set or the court will file an Injunction against him which will then require a jury trial at this point and the track will remain closed until the case has gone to a jury trial. At this point Mark can then file an Appeal which will then move the case out of the local court and into a higher court of Appeals.
If you read the court documents you will see that most of the issues are related to the neighbor’s personal opinions of the track and how they feel it is adversely affecting their lives. They feel like it is dusty, noisy and generally a nuisance. This however does not warrant the track having to shut down just because someone doesn’t like it next to them. How many of you have started your dirt bikes in the garage a time or two. Do your neighbors like it, NO. If you are only idling the bike and not exceeding the allowable sound ratings then you don’t have to stop just because they don’t like it.
What it boils down to is the plaintiffs will have to prove that Mark is in violation of the law whether it is sound, dust, noise, traffic or what ever it may be to actually have the track shut down. Just because you don’t like something or don’t agree with something doesn’t mean it must go away.
Mark feels very certain because he is not actually breaking any laws that there is a very viable chance he can win this case and continue to operate the track as before. Unfortunately most law suits are usually about whom you know and how much money you have to hang on and keep fighting. Three of the ten plaintiffs are lined with pretty deep pockets, so whether or not they are right or wrong about the whole situation, it is probably pretty certain that they can hang on for a while and put up a good fight for their cause….Depending on the level of courts that this case goes to Mark is hoping he can either win the case based on the fact that he is NOT actually breaking any laws or the Plaintiffs will decide that their cause is not worth spending their money on to continue to pursue.
Mcafee is Mark’s sole income and has been shut down temporarily thus ceasing money continuing to come in for him. He has spent a lot of money just recently on additional equipment for the track i.e. tractors, box blades, disc harrows not to mention the additional property he has purchased. This has kind of taken him off guard with all the additional expenses of the lawsuits that he has incurred to defend the track and the right for us as the MX Community to have a place to ride and take our kids to ride.
A lot of people in the MX Community are always saying they want to help. Well here is your chance to help. Showing up in court and telling the judge you want to ride and you want to let your kids ride on the weekends is not what is going to win this case. It is going to take money, a good defense team and persistence in fighting for what we believe is right. Yes we all know that MX keeps a lot of kids interested in something and probably out of trouble, drinking and drugs, but unless you are in the sport most people don’t understand what good the sport is actually doing. Mark cannot win this lawsuit by us all showing up and saying what our opinion is about the motocross sport. Mark can only win this case by fighting for what he believes is right and by proving that he is not breaking any laws….
The sole purpose of this thread is to give everyone an understanding of what is going on with the Mcafee Motocross track. It is intended to give all of us in the Motocross Community an opportunity to donate money for a cause that we believe in and that is saving Motocross tracks, especially in the North Texas area. We don’t need to lose another track. As it stands we have the following choices to ride if you want to stay within one hour driving time from Dallas, Texas. Village Creek Mx, Shady Grove Mx, Marshall Creek Corp of Engineers Property, Holeshot Valley Mx and Nocona Mx if we stretch it to one hour and a half. That is not much to offer for a Metroplex area the size of Dallas, Texas.
You have two options available to you to donate. You can deposit money into a Paypal account that we set up today that will go directly to Mark at www.paypal.com
enter email recipient as
[email protected]
Or, you can mail checks or money orders to:
The Mcafee Company
P.O. Box 1772
Gainesville, Texas 76241
I know most of you are more into Muenster and trails than MX, but this may be of interest to you. I enjoy both and have been to three Dirt Weeks. There is a track near Lake Kiowa (McAfee MX). The track has been temporarily shut down because the owner is being taken to court . Basically, there are some residents who are claiming that they are being physically and mentally affected by this track.
Please read the following thread from MXcrazy.com. I know it is long, but similar situations are going on nationwide and we, as motorcycle riders are the ones suffering.
Alright, would ya try and save Mosier Valley now if you had another chance, ABSOLUTELY.
Well here is your opportunity to jump on the band wagon and help try and save one of the very few tracks that are left in North Texas area.
I spoke with Mark Mcafee several times this week and I will lay it out what exactly is going on with the track. There are 10 people that have signed affidavits against the track as to how and why they feel the track is adversely affecting their lives....These were presented to the Cooke County judge thus resulting in a temporary Restraining Order keeping the track from being open for right now.....The restraining order is based on the track being what is called "A Public Nuisance". I will list a few of the accusations that have been thrown at Mark as the owner of the track.
1. The noise is too much thus resulting in neighboring houses rumbling and some of the neighbors say it is a direct result for some loss of their hearing.
2. Accusations by some of the neighbors say that the dust has resulted in allergy reactions and dust all over their furniture and personal property.
3. Accusations are being stated that the track has de-valued the surrounding properties.
4. Accusations are being stated that it has caused highway 902 to be come a commercial thoroughfare rather than a residential country road as it was originally zoned for.
5. You can read the court documents for yourself to see the other issues that are against the track...
Mark has been to court twice to date regarding the lawsuits and restraining orders filed against him and the track. He has another court date coming up this Friday, April 7, 2006. At this court date the restraining order will either be lifted and the track will re-open and a trial date will be set or the court will file an Injunction against him which will then require a jury trial at this point and the track will remain closed until the case has gone to a jury trial. At this point Mark can then file an Appeal which will then move the case out of the local court and into a higher court of Appeals.
If you read the court documents you will see that most of the issues are related to the neighbor’s personal opinions of the track and how they feel it is adversely affecting their lives. They feel like it is dusty, noisy and generally a nuisance. This however does not warrant the track having to shut down just because someone doesn’t like it next to them. How many of you have started your dirt bikes in the garage a time or two. Do your neighbors like it, NO. If you are only idling the bike and not exceeding the allowable sound ratings then you don’t have to stop just because they don’t like it.
What it boils down to is the plaintiffs will have to prove that Mark is in violation of the law whether it is sound, dust, noise, traffic or what ever it may be to actually have the track shut down. Just because you don’t like something or don’t agree with something doesn’t mean it must go away.
Mark feels very certain because he is not actually breaking any laws that there is a very viable chance he can win this case and continue to operate the track as before. Unfortunately most law suits are usually about whom you know and how much money you have to hang on and keep fighting. Three of the ten plaintiffs are lined with pretty deep pockets, so whether or not they are right or wrong about the whole situation, it is probably pretty certain that they can hang on for a while and put up a good fight for their cause….Depending on the level of courts that this case goes to Mark is hoping he can either win the case based on the fact that he is NOT actually breaking any laws or the Plaintiffs will decide that their cause is not worth spending their money on to continue to pursue.
Mcafee is Mark’s sole income and has been shut down temporarily thus ceasing money continuing to come in for him. He has spent a lot of money just recently on additional equipment for the track i.e. tractors, box blades, disc harrows not to mention the additional property he has purchased. This has kind of taken him off guard with all the additional expenses of the lawsuits that he has incurred to defend the track and the right for us as the MX Community to have a place to ride and take our kids to ride.
A lot of people in the MX Community are always saying they want to help. Well here is your chance to help. Showing up in court and telling the judge you want to ride and you want to let your kids ride on the weekends is not what is going to win this case. It is going to take money, a good defense team and persistence in fighting for what we believe is right. Yes we all know that MX keeps a lot of kids interested in something and probably out of trouble, drinking and drugs, but unless you are in the sport most people don’t understand what good the sport is actually doing. Mark cannot win this lawsuit by us all showing up and saying what our opinion is about the motocross sport. Mark can only win this case by fighting for what he believes is right and by proving that he is not breaking any laws….
The sole purpose of this thread is to give everyone an understanding of what is going on with the Mcafee Motocross track. It is intended to give all of us in the Motocross Community an opportunity to donate money for a cause that we believe in and that is saving Motocross tracks, especially in the North Texas area. We don’t need to lose another track. As it stands we have the following choices to ride if you want to stay within one hour driving time from Dallas, Texas. Village Creek Mx, Shady Grove Mx, Marshall Creek Corp of Engineers Property, Holeshot Valley Mx and Nocona Mx if we stretch it to one hour and a half. That is not much to offer for a Metroplex area the size of Dallas, Texas.
You have two options available to you to donate. You can deposit money into a Paypal account that we set up today that will go directly to Mark at www.paypal.com
enter email recipient as
[email protected]
Or, you can mail checks or money orders to:
The Mcafee Company
P.O. Box 1772
Gainesville, Texas 76241
