Article published at MonroeNews.com on May 19, 2010
Motocross legal battle revs up

by Ray Kisonas , last modified May 19. 2010 11:03AM

A battle is being fought in a Monroe County court over property rights involving a group of motocross enthusiasts and their desire to allow riding on a piece of remote land in Ida Township.

Testimony is being heard before Monroe County Circuit Judge Joseph A. Costello Jr. in the bench trial that is pitting Ida Township against Chuck Mudge and Southeast Michigan Motorsports, a group of property owners that wants to ride dirt bikes on a track that was built on a 100-acre parcel of land off Ida West Rd.

On Tuesday, several witnesses testified in the sixth day of the trial that began on April 26 and is expected to continue on Friday. It is one of two civil trials that will help determine whether the owners will be allowed to use a track as they wish on the property they purchased for $420,000 two years ago.

“We simply want to use the property like any other private landowner,” Cindy Rhodes Victor, a Troy attorney representing the property owners, said in court during Tuesday’s proceedings. “We have argued through this case that the principal use is not a private park. We’re simply riding on property.”

The trial is weeks away from concluding. Judge Costello must listen to testimony and then review the case before rendering his decision once oral arguments are completed. He will decide whether there is a township ordinance that specifies the use of motocross on private property and whether the Ida Township Board applied the ordinance properly. It is expected that his decision will not be made until late June. Ida Township is being represented by Monroe attorney Philip Goldsmith.

Even when this trial concludes, the issue will not be completely resolved. A second trial is scheduled to begin in July with an alternative date in November. That trial will involve a jury, which will determine whether the township’s actions deprived the owners the use of their land. If the jury decides in favor of the owners, it also could decide on the amount of money they should be awarded by being denied the motocross track use.

During Tuesday’s proceedings a key witness was Ida Township building inspector David Friend, who answered questions for much of the morning and afternoon. While on the witness stand, Mr. Friend answered questions regarding Mr. Mudge’s private residence on Ida West Rd. where dirt bikers often ride legally. Mr. Friend testified that he once went to the home to see whether the Mudges were charging people to ride on the track behind his home. But he said on the stand there was nothing to indicate such a practice was occurring.

The idea of charging riders to use the 100-acre parcel of land in question as a motocross park is being alleged and contested. Neighbors have complained of dust and noise being created when riding was being practiced. But that has stopped after Judge Costello earlier disallowed the use of dirt bikes and ATVs until the issue is legally resolved.

“There was no park created,” Ms. Victor told the judge.

Edward S. Desbrough of the Ida Township Planning Commission testified that a public hearing on the special land-use application was held in May, 2008, but a site plan had not been submitted.

Mr. Desbrough said on the stand that without the site plan, the public did not have the full information regarding the property owners’ intent.
“Without the site plan, we didn’t know what exactly we were putting before the public,” Mr. Desbrough said.

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