MOTOCROSS ACTION This 2016 photo shows motocross rider Brock Leitner. A motocross track on an agricultural property near Faulder was constructed so Leitner could train in his sport. At present, the Regional District of Okanagan Similkameen has filed a notice of civil claim against Ricky Shawn Leitner, Lori Maxine Leitner and Brock Leitner over the track. (Black Press file photo)

Civil claim filed over motocross track west of Summerland

Track was constructed on agricultural land around 2016

The Regional District of Okanagan Similkameen has filed a civil claim against three owners of a motocross track near Faulder.

The Supreme Court notice of civil claim, dated Aug. 19, states that the motocross track at 833 Fish Lake Road is not a permitted use of the property under the zoning bylaw.

Ricky Shawn Leitner, Lori Maxine Leitner and Brock Leitner are named as the defendants.

READ ALSO: Summerland motocross rider seeks to build track

READ ALSO: VIDEO — Pro riders gets on track in AX Tour

The track was constructed around 2016 and Brock Leitner has been using the track since that time to train for motocross competitions.

The court document states that since the track was constructed, the regional district has received numerous complaints about the use of the track and noise from the property.

The regional district has demanded that the defendants cease using or allowing the use of the track, and that they remove it from the property. However, the track is still in use.

Under the claim, the regional district is asking for an order requiring the defendants and others to stop using or allowing the use of the property as a motocross track.

READ ALSO: LETTER: Motocross track will affect neighbours

READ ALSO: LETTER: Responding to statements about motocross track

READ ALSO: LETTER: Land use rules are clearly defined

READ ALSO: LETTER: Further information available on noise from motocross track

The regional district is also asking for coverage of costs associated with the legal action.

The property is in the regional district’s Agriculture Three Zone.

The zoning bylaw sets out principal uses and accessory uses for the building, but a motocross track is not permitted under these uses.

Brad Dollevoet, general manager of development services with the Regional District of Okanagan Similkameen, said the property is within the Agricultural Land Reserve.

While a property owner would be permitted to use a quad on the property, within certain restrictions, the motocross track is not a permitted use under the Agricultural Land Commission’s regulations nor under the regional district’s zoning bylaw.

“It was constructed on agricultural land,” Dollevoet said. “It’s in violation of our zoning bylaw.”

In addition, the facility was constructed without approval from the regional district or the Agricultural Land Commission.

Dollevoet said the track has been an ongoing source of noise complaints from people living nearby.

To report a typo, email:
news@summerlandreview.com
.



news@summerlandreview.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Four things ‘not’ to do if you run into Harry and Meghan in B.C.

Like many in British Columbia, you may be worried about running into… Continue reading

Almost 20,000 parking tickets issued by Interior Health at hospitals in 2019

In 2018, pay parking in Interior Health hospitals totalled $5.3 million of their $2.2-billion budget

Chilliwack on the map for Salmon Arm Roots and Blues

Canadian music legends confirmed for 28th annual music festival

Priest Camp near Summerland was created in 1845

Agreement formed between Grand Chief Nicola (1793-1859) and Father Giovanni Nobili (1812-1856)

Princeton snow removal costs top $40k in December

Costs of snow removal to the Town of Princeton skyrocketed in December.… Continue reading

VIDEO: Trudeau insists Iran respect families’ wishes when it comes to burials

All 176 people on board the Ukraine International Airlines flight PS752 were killed

Hudson’s Bay spotlights old Vernon store

Old downtown department store remembered fondly

Horgan unveils B.C. cabinet shuffle changes

Premier John Horgan has made three major changes to his cabinet

Highway 1 closed near Golden

DriveBC estimates the road to reopen at 1 p.m.

Dog reunited with Tofino owner, months after being taken from beach

Shannon Boothman ‘ecstatic’ at pet’s return after a tip leads to social media search

B.C.’s first ride-hailing app to launch in Tofino, Whistler in February

The Whistle! app will be available in Tofino on Feb.1 and in Whistler Feb. 6.

Councillor resigns in Revelstoke after colleagues approved 67% raise

Council approved a 134 per cent raise for the mayor of Revelstoke

Rolled-over dairy truck in Abbotsford lost 40,000 litres of milk

Truck removed Sunday, Jan. 19, with specialized equipment to upright vehicle

Boy, 13, arrested after alleged assault involving girl at B.C. middle school

Boy alleged to have used ‘inappropriate levels of force’ to injure the girl

Most Read