By Jesse Wood
In a 6-1 vote, the Boone Board of Adjustment upheld staff’s decision to issue a notice of violation to the Mountain View Speedway for operating without a permit, confirmed Brenda Henson of the Boone Planning and Inspections office and clerk of the Board of Adjustment.
The Mountain View Speedway is located within the town’s extraterritorial jurisdiction.
Last year, the Mountain View Speedway opened back up in the High Country Fairgrounds off of Roby Greene Road after a 17-year hiatus. It wasn’t long before a resident began to complain before local elected officials regarding the noise coming from the racetrack.
Prior to opening, the Boone Planning Director told a raceway promoter – the one before Mike Budka took over – that racing was a grandfathered use in the fairgrounds.
However, Bailey would later reverse his decision, and the Town of Boone issued a cease and desist order this spring. Budka and Keller Brothers Inc., the owners of High Country Fairground owners, appealed the decision to the Boone Board of Adjustment. Racing has continued throughout the appeals process.
Attorney Nathan Miller, who is representing the speedway, said he believes his clients will want to appeal in Superior Court.
“We’re obviously surprised but not disappointed that the Board of Adjustment ruled the way they did. Basically, their finding that the town can do no wrong and you can’t rely on the town when they tell you something. You can’t rely on that because they can do take backs at any point,” Miller said.
Miller added that it’s tough for lawyers to interpret the law correctly much less the laypeople (in terms of legalese) on boards of adjustment, which operate in quasi-judicial fashion and consist of community members chosen, in this case, by the Boone Town Council.
Meanwhile, John Ward, the manager for the Town of Boone, told the Watauga Democrat: “We’re obviously happy that the board looked at the true facts and went with the denial of the appeal so that we can enforce the (Unified Development Ordinance) requirements as well as protect the neighborhoods.”
Yesterday, Mountain View Speedway posted on Facebook that it would be racing, weather permitting.