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

Bridge replacement to get underway in Sicamous

Three projects, including the replacement of the Solsqua-Sicamous bridge, may affect traffic

Shuswap Theatre moving outdoors for weekend of in-tents fun

Comedic, uplifting plays being staged for Walk-About Theatre, Aug. 28 and 29

Syrian from Shuswap witnesses devastation in Lebanon

‘Three, four, five minutes later, smoke covered the whole area…’

Morning Start: Women can give birth after they die

Your morning start for Wednesday, Aug. 12, 2020

Video: SUV burns alongside the highway near Salmon Arm

Footage of the burning vehicle was posted to Youtube.

Federal Conservative leadership candidate skirts COVID-19 rules at Kelowna rally

Derek Sloan held a rally in Kelowna that had more than 50 people, which is against health orders from the province

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

High-volume littering at Cape Scott draws ire from hiking groups

Popular Vancouver Island hiking spot not closing, but frustration about crowding grows

SFU to drop ‘Clan’ varsity team name

The ‘Clan’ name is shortened from ‘Clansmen,’ and was introduced roughly 55 years ago

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

South Okanagan restaurant ranked among world’s best by TripAdvisor

The Hooded Merganser was ranked within the top 10 per cent of all restaurants by TripAdvisor reviews

Highway 97 upgrade option for Peachland faces 20-year delay

Peachland council disappointed by highways department decision

Kelowna Hells Angels prospect charged with assault, choking

Jason Townsend, 43, was charged after allegedly choking a woman last weekend

Most Read