Conway Daily Sun
2005-10-20

Developer asks judge to dismiss suit over motorsports club

Nate Giarnese

TAMWORTH — The developer of a proposed $28 million motorsports club and road course has asked a judge to dismiss a lawsuit filed by local citizens' group, Focus: Tamworth .

The group filed suit against Derry developer, Club Motorsports Inc., last December in Rockingham Superior Court.

The suit asks a judge force CMI to comply with a local wetlands ordinance and apply for a town permit before breaking ground on a planned 250-acre motorsports facility on Mount Whittier .

Focus says town regulations are stricter than federal and state standards met by CMI when it earned three critical environmental permits from the government in the last two years.

The U.S Army Corps of Engineers and the N.H. Department of Environmental Services issued CMI building permits and found that its driving track proposal would not do significant harm to the area and its wetlands.

Focus and local conservation officials fear a CMI victory in the Rockingham court could weaken a local wetlands ordinance.

But CMI spokesman Scott Tranchemontage says the judge's decision on the suit will only impact CMI's permitting process and will not undercut any town ordinances.

Tamworth 's board of selectmen sent letters to all town boards telling them to stay out of the suit between two private parties.

The case is scheduled for trial on Dec. 19.