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.

Just Posted

Liam’s lowdown: Fall eats

If you hangout with people that do not cook, find new friends

Glimpses of Revelstoke’s past for Sept. 19

Jack Snoddy Museum Assistant 120 Years Ago, Revelstoke Herald, September 20, 1899… Continue reading

VIDEO: Historic railway equipment moved to Revelstoke museum

The Selkirk Spreader was built specifically for Revelstoke in 1931 and retired in 2005

Columbia-Shuswap governments promised voice in caribou recovery

Population of Frisby-Boulder herd northeast of Sicamous at 11 animals and declining

VIDEO: Grizzly bears fight along northern B.C. highway in rare footage

Cari McGillivray posted the head-turning video, shot near Stewart, B.C., to social media

Police arrest B.C. phone scammer linked to illegal call centres in India

Person arrested in Burnaby here on a work visa, says police

Air Canada forced girl, 12, to remove hijab: civil rights group

The San Francisco Bay Area office of the Council on American-Islamic Relations calling for change

Man from Winnipeg who was hiking alone found dead in Banff National Park

RCMP say the man was hiking alone on Mount Temple Thursday

One-in-five British Columbians think they’ll win big while gambling: study

Roughly 58 per cent of British Columbians bought at least one lottery ticket in past year

Epic overtime battle, big turnout for memorial night to late owner of Okanagan hockey team

The KIJHL’s Kelowna Chiefs hounoured Grant Sheridan with a win in the team’s home-opener

Takaya, B.C.’s intriguing lone wolf, seen eating seal and howling away on Discovery Island

Fun facts about Takaya the wolf, like his a 36-hour tour around Chatham, Discovery Islands

Resident finds loaded shotgun inside a duffle bag in Kelowna alleyway

RCMP seized a loaded 12-gauge shotgun, ammunition, clothing and other items

Graffiti, calls and Snapchat: RCMP probe string of threats targeting Kamloops schools

There have been nine different threats made to four different schools in the city

Most Read