03 2013 – 2015

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 LLCTrack operating entity
Mountaintop Airfield LLCProperty-owning entity
Harpersfield Town BoardApproved the site plan
Harpersfield Planning BoardIssued site plan approvals
Town Clerk & Code Enforcement OfficerEnforcement 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]

Plaintiff Statement

"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]
January 2014 Ruling

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]

04 May – July 2014

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]

Judge Burns — July 8, 2014

"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]

NYST's Framing

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]

05 2013 – Ongoing

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]

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]

Pattern Established

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

  1. 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.
  2. Friends of Rural Life v. New York Safety Track LLC et al., Delaware County Supreme Court. Decision of Acting Justice Brian Burns, January 2014.
  3. Matter of Ballard v. New York Safety Track LLC, 2015 NY Slip Op 01845, New York Appellate Division, Third Department, decided March 2015.
  4. 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.
  5. 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.