Friends of Rural Life — Neighbors' Lawsuit
The formal legal challenge came swiftly. A group of 34 area residents, organizing under the name Friends of Rural Life, filed a lawsuit in New York State Supreme Court naming multiple defendants.[1]
| Defendant | Role |
|---|---|
| New York Safety Track LLC | Track operating entity |
| Mountaintop Airfield LLC | Property-owning entity |
| Harpersfield Town Board | Approved the site plan |
| Harpersfield Planning Board | Issued site plan approvals |
| Town Clerk & Code Enforcement Officer | Enforcement officials |
The plaintiffs' attorney, Douglas Zamelis, argued that town officials had violated various state laws by acting "out of the reach of the eyes and ears of the public" to allow motorcycle and automobile racing at NYST.[1] Lead plaintiff Kitty Ballard of Parker Schoolhouse Road, Davenport, described the track noise as "not just loud — it's overwhelming."[1]
"And my gosh, they drive on our roads as if they were still driving at the racetrack. It's unbelievable. It's not fair to all of us who live here, and it's just not right."
— Kitty Ballard, lead plaintiff. [1]
Acting Delaware County Supreme Court Judge Brian Burns ruled in favor of the plaintiffs, ordering that NYST must adhere to the limitations of its original 2011 site plan. The court also ordered NYST to submit a new site plan application. The ruling effectively prohibited racing, automobiles, large engines, and large crowds beyond what the original site plan permitted.[2]
The case was later appealed and reached the New York Appellate Division, Third Department, which issued a decision in March 2015 affirming the core of the lower court's ruling.[3]
Contempt Proceedings & Alleged Violations
Even after Judge Burns' January 2014 ruling restricting operations, opponents of NYST alleged the track immediately continued to violate the declaratory judgment throughout May 2014. Specifically, they claimed the track was operating with automobiles, more than six motorcycles at a time, and gatherings of more than 25 people — all in contravention of the court's order.[1]
Opponents moved to hold NYST and Greg Lubinitsky in contempt of court. In a July 8, 2014 decision, Judge Burns declined to issue a contempt finding — not because the violations were disputed, but because of a legal procedural limitation.[1]
"A finding of contempt is not authorized for alleged violations of a declaratory judgment under our laws."
— Acting Delaware County Supreme Court Judge Brian Burns [1]
The judge directed opponents to "rely on their municipality to enforce its local laws" — effectively placing the enforcement burden on the Town of Harpersfield, which critics argued had been unwilling to act against the track.[1]
The track posted on its Facebook page that it had "just won a crucial court case" — characterizing the refusal to find contempt as a victory, despite the underlying site plan restrictions remaining fully in force.[1] The Appellate Division's subsequent affirmation in 2015 of the lower court's ruling made clear those restrictions were binding.[3]
Continued Alleged Violations & Community Opposition
Community opposition persisted well beyond the initial litigation. Residents documented ongoing activities they alleged violated the site plan restrictions, and public opposition continued through multiple years — ultimately feeding directly into the 2022 expansion application proceedings, where a decade of documented complaint history was formally entered into the record.[4]
- Cars racing at speeds up to 100 mph documented on video in May 2013, weeks after opening[1]
- Formula Race Car Club of America listed NYST on its 2013 race schedule; the club used road-unlicensed cars at a June 2013 event[1]
- Motorcycles documented exceeding 200 kph (approximately 124 mph) in May 2013[1]
- RV electrical hookups erected and lighting installed without site plan authorization[4]
- A petition signed by more than 45 residents requesting proof of insurance and enforcement of the site plan[1]
- Residents alleged Lubinitsky was accepting deposits from racing organizations for events not authorized by the site plan[1]
- Shooting range advertised commercially on the track's website — never disclosed to or approved by the planning board[4]
- Track calendar publicly showed operation well in excess of the approved 2–4 days per week[4]
Attorney Allyson Phillips told David Lubinitsky directly at the September 2023 hearing that she had submitted ten years of noise complaints to his attorney, and that all of them would form part of the record.[5]
The planning board's May 2024 denial resolution formally documented this enforcement history going back to 2011, noting that the Code Enforcement Officer had issued written determinations in 2012, 2013, and 2014 confirming what was and was not permitted — and that the track had nonetheless proceeded with unpermitted activities throughout.[4]
Citations
- The Daily Star (Oneonta, NY). Multiple reports, 2013–2014, covering the Friends of Rural Life lawsuit, Judge Burns' rulings, plaintiff testimony, and NYST's public statements. See also: Watershed Post; Road Racing World.
- Friends of Rural Life v. New York Safety Track LLC et al., Delaware County Supreme Court. Decision of Acting Justice Brian Burns, January 2014.
- Matter of Ballard v. New York Safety Track LLC, 2015 NY Slip Op 01845, New York Appellate Division, Third Department, decided March 2015.
- Draft Resolution Denying Application for Site Plan Amendment — Application of Mountaintop Airfield, LLC, Harpersfield Planning Board, May 29, 2024. Prepared by Allyson Phillips, Young & Sommer LLC. Available via Town of Harpersfield: download_file/239/198.
- Town of Harpersfield Planning Board, Public Hearing Minutes, September 27, 2023. Testimony of Attorney Allyson Phillips on the record regarding ten years of noise complaint submissions.