Updated 1/22/2008: Our neighbor’s appeal against Bedford County's Zoning Administrator

Meeting was held on January 22.
When our neighbor first complained to Bedford County's zoning administrator last year, they sent out a zoning officer to ensure we were in compliance with our zoned grandfather clause. The director ruled that we were. We were also in compliance with Bedford Co's residential noise ordinance, even though as a business we aren't required to be.

Well, this wasn't good enough for our neighbor. He decided to appeal the decision to the Bedford County Zoning Board. The meeting to hear his appeal was last night. Basically, the lawyers he hired had decided they would appeal on the grounds of 6 key points - mainly concerning buildings that have been reconstructed, altered, moved, etc. These points were written to be against the airport and the dragstrip, which in our opinion is one entity.

Our neighbor’s lawyers started out the meeting saying that he had nothing against the airport. This was only against the dragstrip. Then through the course of the night, all we hear from them are complaints of the noise. Those 6 points didn't even come up!
They claim that we've increased racing so much now then from the time we were grandfathered that our grandfathered status should not be kept- we've changed too much they're alleging.

Testimony from several racers stated that cars are much quieter now then back in the 60’s and 70’s.

Their only proof of this was a newspaper article from 1989 stating we opened our gates 8 times a year. Well, we all know newspapers never get anything wrong... (No offense.)

Their other so called proof was a letter allowing current and future owners of New London to draw water from a pond located on a parcel of land that New London had sold to our neighbor. The letter stated that we were allowed to draw water for 8 events. The lawyers were claiming this meant that our neighbor had an agreement with New London that we would only have 8 races a year. Our secretary who worked the corporation that owns New London then and still does now stated that the number 8 was strictly how many times we could draw water, not how many races we would agree to have.

Our records show that what they defined as 8 races in 1989, were all multiple day events. Typically a Saturday and Sunday race 8 times a year. This would obviously equal out to 16 days of racing. In 2007, we held 10 Sunday races and 3 T & T’s- total of 13 race days.   

All the testimony we heard from our supporters who have been racing at New London since it's opening in the early 1960's painted a picture of racing every weekend in the beginning, then every other weekend as it is now.

All along, the saying has been that our grandfathered clause was granted in October of 1989 when Bedford County began a program abbreviated "LUGS" (Land Use Guidance System). LUGS was replaced in 1998 by our Zoning system that we now have. The board decided that without being sure of what the guidelines for LUGS would have been in 1989 that they should rule with 1998 in mind.

Remember, the burden of proof to prove the zoning administrator’s decision invalid was on our neighbor and his lawyers. They needed to prove that we have changed so drastically since being grandfathered that we should no longer be grandfathered. They simply couldn't do this. At 9:42 last night, the meeting was officially closed. All 7 members voted to support the Bedford County Zoning Administrator’s decision that we were in compliance with our grandfathered status and had in fact not changed drastically over the years.
 
One small victory for us in a war that we're sure isn't over yet... our neighbor’s next step would be circuit court, if he decides to appeal again.