More trouble for NYST?

Mike55

New Member
I'm 328 and 276 respectively. I've driven a lot farther to do a lot dumber stuff :D

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tdelegram

Control Rider
I think you are all looking at the legal battle and securitization of permits incorrectly. This is similar to starting a nuclear power plant, originally the fight to stop them happened early in the process and it was hit or miss. If you wait until construction is done and get an injunction just before start up when all the financiers are expecting payments to start rolling in you can bankrupt the plant owners thus the plant never starts up. I think the same holds true here, if an injunction is ordered to cease operations until a ruling the opposition will do everything to drag their feet and bankrupt the track. While I hope there are future days there but I would not book too far in advance.
 

Aprilia 417

New Member
Tdelegram,

I would agree with you if there were indeed an injunction to cease operations. There isn't. Judge Burns' order is for the track to continue operations under the originally approved site plan (25 rider limit, 250cc bikes), because he said the second site plan (open class machines, larger groups as we ran in 2013) was approved by the Town Planning Board improperly. He ruled it was improper NOT because they didn't have the authority to approve it or that it violated land use rules for the Town (which don't exist). Rather, the approval was improper because the Town Planning Board approved it in Executive Session, apparently with representatives of the track present. The Judge ruled the meeting should have been a Public Hearing where opponents of the revised site plan could have a voice. This is a fairly new law in New York regarding Town Board meetings, so the members may have been unaware that they were violating the statute. It probably didn't help that they had non-members in the room during an Executive Session. It's either private or it isn't, and I'm sure the Judge considered that.

The Judge further ruled that if the track wants to continue operations as they did last year, that they need to resubmit their site application. It will be interesting to see if the Planning Board votes on this in a Public Hearing or if they once again take the tactic of entering into Executive Session. If the latter, then they will need to insure that their reason for doing so doesn't violate the new law.

The other legal argument made by the track...that the Judge dismissed (but could get overturned on appeal), is that NYST doesn't need the site plan approval to begin with, and that the application they submitted was perfunctory to appease the locals. This argument is based on the premise that the Town of Harpersfield has no zoning, noise or land-use laws.

Obviously, all this is speculation as I have no relationship with the track or the town. Your opinions are as valid as mine. I hope it's sorted my May 1st, as I'm ready to ride.
 
I will STAY POSITIVE until Bob says it is a NO go, If you look back on page 2-3 Bob had a meeting at the NYST and he posted on this thread that the schedule will go on as posted!!! I am sure if something changed since then he will inform us???:popcorn:
 

jfmgsxr750

New Member
I guess the months leading up to opening day in May will be very interesting. Lots of back and forth.
I am looking forward to riding there again......I can deal with the suckle pit area, lol. I wonder if they
are planning any more improvements while all THIS is going on.:adore:

There are some awesome back roads leading up to NYST. The scenery is amazing. I rode the bike there
on a warm oct day and it was a blast. Of course riding the track is mo fun, but riding there wasn't bad!

NYST......109 miles
Pocono.....104 miles
NJMP.........186 miles
 

RADAR Magnet

New Member
Well I guess their site application needs to be resubmitted and approved or everyone will be taking their 250s and trying to be one of the first 25! Kind of amazing that a place with no noise, zoning or land-use laws can give these guys a hard time but this is legal shit and this is Murica; hope it all works out for the track.
 

vinny337

Vin is in...Beastmode!
Control Rider
jfmgsxr750;299493 wrote: I guess the months leading up to opening day in May will be very interesting. Lots of back and forth.
I am looking forward to riding there again......I can deal with the suckle pit area, lol. I wonder if they
are planning any more improvements while all THIS is going on.:adore:

There are some awesome back roads leading up to NYST. The scenery is amazing. I rode the bike there
on a warm oct day and it was a blast. Of course riding the track is mo fun, but riding there wasn't bad!

NYST......109 miles
Pocono.....104 miles
NJMP.........186 miles
You, still ride at Bear Mountain? That's what got me started riding track…:agree:
 

03bueller

Control Rider
I'd love to try NYST out, if it weren't 8+ hours away.....I may still have to squeak one trip in If I can....
 

devildogae

Member
They should lock that place down like its Berlin during the Cold War to track riders only, keep the pesky locals out!
 

jdel

New Member
Poper;299436 wrote: 187 miles to NJMP

346 miles to NYST

What's so bad about that? :D
Its not the distance. It's the drive... if that makes sense. It was $60+ in tolls and terribly paved roads for me to get to NJMP, and I wasn't even towing anything.
 

mpusch

Micah
On the Daytona forum...

From a lawyer on WERA, he sounds right on the money:

"Don't get me wrong, I'd love to go to NYST and ride with you, but there is the pesky problem of a NY State Supreme Court Judge issuing an order that limits the use of the track to 3 days per week, 20-25 riders, and 250cc bikes. Ignoring that order could mean contempt citations for the track.

There are a few ways around this, but none of them appear to quick enough to make much use of the track for quite sometime.

First, the track lawyer could ask the judge to reconsider his opinion. Judges almost never reverse themselves, and this judge was irritated enough to actually award attorneys fees that the track must pay, also something that almost never happens. The judge seems absolutely set in his decision.

Second, the attorneys could file a notice of appeal and seek a stay of the judges decision from the appellate court. This also almost never happens, and on the record as it appears from the court order it is my guess that this will never happen.

The track could file, perfect and argue an appeal of the court decision, But that typically takes a minimum of nine months. And it may take longer than that, perhaps a year or 18 months given how backed up the appellate court is that covers this area. Although I have not had the luxury of reading all the documents in this case, and have only read the court decision and afew select records submitted on the motion to the court, it does not look good for the track. It is my guess that they have a 10 to 15% chance, if that, of having the judges decision overturned.

The most practical, and perhaps least expensive option for the track, would be to file a new site plan that does not misrepresent the intended uses of the track. The problem with this is political, more than legal. It seems as though there are many in the town who are unified against the track. The political momentum seems to be with the anti-track crowd, so I think it may be very difficult for the track to get a new, accurate site plan approved. Still, even if they have a 25% chance of getting a new site plan approved, this may be the fastest way around the dilemma. And perhaps the cheapest too.

(If someone has a better political understanding of Davenport and Harpersfield, New York, please chime in.)

Bottom line: if it happens, and it may not, it won't happen soon. This is really too bad. It looks like an awesome track and I'll be one of the first to sign up if it actually ever has trackdays again."
:dunno:
 

Aprilia 417

New Member
Nothing new in that opinion. As I had mentioned earlier, the simplest way to solve this is to get a new site plan approved. I am still holding out hope that it can be done in the next 60 days. I don't agree with his premise that the majority of the townsfolk are against the project. I could be wrong of course, but I get the sense that the silent majority in the area recognize the benefits the track brings to their community.

OR what will be really cool is that Greg has a deus ex machina up his sleeve that he has yet to share publicly that accounts for his confidence.

Either way, worst case scenario is I'm slapping a 250cc sticker on my bike and I am riding with 24 other riders in May!
 

mpusch

Micah
Aprilia 417;299588 wrote: Nothing new in that opinion. As I had mentioned earlier, the simplest way to solve this is to get a new site plan approved. I am still holding out hope that it can be done in the next 60 days. I don't agree with his premise that the majority of the townsfolk are against the project. I could be wrong of course, but I get the sense that the silent majority in the area recognize the benefits the track brings to their community.

OR what will be really cool is that Greg has a deus ex machina up his sleeve that he has yet to share publicly that accounts for his confidence.

Either way, worst case scenario is I'm slapping a 250cc sticker on my bike and I am riding with 24 other riders in May!
Haha, exactly. Let's see...with a 675 I'd have to pull two spark plugs and I can run a 225cc bike :D
 
Some info on my end!! I am a member with the NYST,NOTHING BIG ANYONE CAN BE IF YOU PAY TO BE A MEMBER...I was talking to someone with the track mid if last week and person told me all is well!!!! What does that say???They -she told me to look for my new membership in the mail in March, great things in the package and lots of great track info-things to come this year..I stated that I have already signed up for 3 track days this year and she said great!! Look forward to meeting you in person this year.. Now this could just be bull on her end or it could be the truth she is speaking..Lets hope all is well at the NYST..Nesba or any org. I am with have not told me any different. Scott Reynolds
 

mpusch

Micah
scotman623;299593 wrote: Some info on my end!! I am a member with the NYST,NOTHING BIG ANYONE CAN BE IF YOU PAY TO BE A MEMBER...I was talking to someone with the track mid if last week and person told me all is well!!!! What does that say???They -she told me to look for my new membership in the mail in March, great things in the package and lots of great track info-things to come this year..I stated that I have already signed up for 3 track days this year and she said great!! Look forward to meeting you in person this year.. Now this could just be bull on her end or it could be the truth she is speaking..Lets hope all is well at the NYST..Nesba or any org. I am with have not told me any different. Scott Reynolds
That doesn't really say too much in my opinion. They would probably act like everything is fine right up to the point that the days are cancelled, otherwise they'd lose business if everything ends up fine in the end.
 

jfmgsxr750

New Member
You know it

vinny337;299529 wrote: You, still ride at Bear Mountain? That's what got me started riding track…:agree:
HELL YES!!! We hit some pretty good routes that are the next best thing to the track. I can't afford to ride the track
every weekend, but I can afford gas for some mountain twisties!!! Have you heard from Kurt? How is his new hobby
of "Boating" coming along, LMAO! You have to show me some lines WHEN we ride NYST this year.:D
 

opinion914

New Member
Perfect example why NYST should stay open; to keep this fool off the streets as much as possible. :flipoff: If we presented it to the neighbors something like this: You can either have John on the track in a controlled environment or you can close NYST and have John terrorizing you on the streets; I'm sure those opposing the track would come around, and even welcome us w/ open arms.

Hi John ;)
 

vinny337

Vin is in...Beastmode!
Control Rider
jfmgsxr750;299604 wrote: HELL YES!!! We hit some pretty good routes that are the next best thing to the track. I can't afford to ride the track
every weekend, but I can afford gas for some mountain twisties!!! Have you heard from Kurt? How is his new hobby
of "Boating" coming along, LMAO! You have to show me some lines WHEN we ride NYST this year.:D
Yeah Bro, good time for sure!! I haven't hear from Kurt in a while, haha...No problem, I'll show you some lines this year.
 
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