ESCANABA - A permanent injunction to halt ice racing operations on property on N.7 Road in Escanaba Township will be considered by the court this fall.
The civil issue will go before Delta County Circuit Court Judge Stephen Davis during a bench trial from Sept. 6-7. The court date was scheduled during a pretrial conference hearing in the judge's chambers on Wednesday.
Escanaba Township officials are seeking to shut down the ice racing operations alleging violations of the township's zoning requirements and harmful effects on nearby residents.
The ice racing track was constructed within 1,000 feet of at least 19 homes along the Escanaba River. Semi trailers, round hay bales, and large dirt piles on the race property separate the track from nearby residences.
Construction of the track was completed late last year on 16 acres east of N.7 Lane, north of County 420 21st Road. Developers of the track said $63,000 was invested into the project. The Wells Lions Club sponsors the racing, which took place on weekends beginning in late January.
Township officials filed the civil complaint in circuit court on Jan. 10 against property owners Bob Barron of Gladstone, Tom Barron of Escanaba, Barron Farms, and Irene Barron Revocable Living Trust in care of Dan Barron of Gladstone.
On Jan. 25, after hearing testimony from both sides earlier that week, Davis denied the township's request for a preliminary injunction. Based on evidence presented in court on Jan. 25, Davis said township officials failed to demonstrate there were any violations and failed to prove there were problems with noise level, fumes or traffic.
At that time, Davis also said the court would consider a permanent injunction at a later date when both sides could have more time to prepare a complete review of facts and laws pertaining to the issue.
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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net