The town was granted an automatic stay of the Burns ruling as it pertains to its actions.
Burns had also limited the track operators to the activities that were outlined when the site plan was first approved by the town planning board — not the one that would later be modified and broadened the scope of the activities allowed there. the ruling effectively placed limits on attendance and on motorcycle engine size.
Kitty Ballard of Davenport, who lives within earshot of the noise from the motorcycle engines and is one of the plaintiffs who brought the lawsuit last year against the town of Harpersfield and the motorcycle track, said she and her neighbors are hoping the appellate division refuses to grant a stay to the track operators.
“If the appellate division lets them operate this summer, the traffic is going to be horrendous and the noise is going to be horrendous,” said Ballard, now a Davenport town board member.
Harpersfield town officials have been supportive of the track, calling it a potential engine for new economic activity in Delaware County.