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.comLike us on Facebook and follow us on Twitter.
