Randy with Challenger Park sent me an email today. He said his neighbor is suing him. Randy said there is a story in today's paper over the incident. He also said Channel 40/51 will be at the park on Saturday. If you ride over at Challenger Park or just want to support our sport, please go to Challenger Park Saturday. If you can't go such as some of the Rebel Outlaws due to the Claremore Shodeo competition, please write an article to the Letter to the Editor if possible. Do what you can!!

Dawn
Team Rebel Outlaws

 

Neighbors Sue All-Terrain-Vehicle Track
By Kristin Netterstrom
The Morning News




BENTONVILLE -- Neighbors of an all-terrain-vehicle track want the business shut down and its owner to go back through the Benton County planning process.

Scott and Jennifer Huff, along with Jerry and Elizabeth Staiger, sued Randy Smith, who owns and runs Challenger Park on land between Hiwasse and Centerton.

The Benton County Planning Board approved the four-wheeler racing track in March 2004. No one came to the public hearing to speak against the track.

The Huffs and Staigers claim in their lawsuit filed Monday that Smith did not properly notify them about the track. They never received a certified mail notice and therefore didn't know about the track's public hearing.


County planning regulations require developers to notify adjacent neighbors of the project and public hearing.

Both couples, who jointly own adjacent property, claim Smith sent notification to their property's address, 12879 W. Pierce Road, and not to the taxpaying address as required. They say that means Smith's permit is invalid.

No one lives at their Pierce Road property, and they plan to divide the land and build three houses on it. Challenger Park will negatively affect the plaintiff's land use, the suit states.

The couples want a judge to cease operations at the park until Smith reapplies for a new county permit, which would give them a chance to speak at a public hearing.

They also want the judge to declare Smith's permit invalid.

Planners expressed concern last year about no one attending the public meeting. Smith, whose parents own the 10 acres at 12727 CP Rakes Road, had started work on the track before going to the county for permission.

A month after the large-scale development approval, a neighbor approached planners at a meeting to ask why she hadn't been notified. Planners told her that Smith split 10 acres from the track property, and she wasn't adjacent to the track property anymore. That woman did not file suit.

The case is assigned to Benton County Circuit Judge Tom Keith.