Photo: Contributed
A Spallumcheen developer has had the brakes put on a lawsuit against a local racetrack.
In 2016, the developer of Lawrence Heights and four of its residents filed a lawsuit against the Motoplex Speedway because of the noise generated by the racecars.
In April 2016, B.C. Supreme Court Justice Peter Rogers ruled in the developers’ favour, granting an injunction that limited the noise level at the Spallumcheen race track and ordering the track’s owner, Okanagan Aggregates, to pay $100,000 in damages.
However, the developer of the seniors’ community had been asking for millions of dollars in damages, with a small number of residents of the community involved in the first court action stating the noise had impacted their lifestyle. Four were granted small damages.
An appeal of the initial ruling was launched, but on Tuesday that appeal was dismissed.
Madam Justice Newbury said the developer did not prove lot sales would have been brisker if not for the race track and that the $100,000 award in the initial lawsuit was not “inordinately low.”
The developer had been asking for about $6 million in compensation.
Newbury also said there were no errors in the initial hearing as claimed by the developers.
The appeal has been dismissed.
An event has not been held at the speedway since 2015.
Last year’s ruling prompted a flurry of support on social media for the speedway, including a Facebook page called Save the Motoplex Speedway. It currently has 2,300 members.
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