MOTOCROSS ACTION This 2016 photo shows motocross rider Brock Leitner. A motocross track on an agricultural property near Faulder was constructed so Leitner could train in his sport. At present, the Regional District of Okanagan Similkameen has filed a notice of civil claim against Ricky Shawn Leitner, Lori Maxine Leitner and Brock Leitner over the track. (Black Press file photo)

Civil claim filed over motocross track west of Summerland

Track was constructed on agricultural land around 2016

The Regional District of Okanagan Similkameen has filed a civil claim against three owners of a motocross track near Faulder.

The Supreme Court notice of civil claim, dated Aug. 19, states that the motocross track at 833 Fish Lake Road is not a permitted use of the property under the zoning bylaw.

Ricky Shawn Leitner, Lori Maxine Leitner and Brock Leitner are named as the defendants.

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The track was constructed around 2016 and Brock Leitner has been using the track since that time to train for motocross competitions.

The court document states that since the track was constructed, the regional district has received numerous complaints about the use of the track and noise from the property.

The regional district has demanded that the defendants cease using or allowing the use of the track, and that they remove it from the property. However, the track is still in use.

Under the claim, the regional district is asking for an order requiring the defendants and others to stop using or allowing the use of the property as a motocross track.

READ ALSO: LETTER: Motocross track will affect neighbours

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The regional district is also asking for coverage of costs associated with the legal action.

The property is in the regional district’s Agriculture Three Zone.

The zoning bylaw sets out principal uses and accessory uses for the building, but a motocross track is not permitted under these uses.

Brad Dollevoet, general manager of development services with the Regional District of Okanagan Similkameen, said the property is within the Agricultural Land Reserve.

While a property owner would be permitted to use a quad on the property, within certain restrictions, the motocross track is not a permitted use under the Agricultural Land Commission’s regulations nor under the regional district’s zoning bylaw.

“It was constructed on agricultural land,” Dollevoet said. “It’s in violation of our zoning bylaw.”

In addition, the facility was constructed without approval from the regional district or the Agricultural Land Commission.

Dollevoet said the track has been an ongoing source of noise complaints from people living nearby.

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