A lawsuit challenging the town of Harpersfield’s approval of a controversial motorcycle training track can move forward as a result of a ruling issued this week by Acting State Supreme Court Justice Brian D. Burns.
The legal action was commenced by numerous residents of Davenport, Jefferson, Worcester and East Worcester after the New York Training Track opened in July.
Lawyers for the town and the track argued those residents lacked the legal standing to bring the lawsuit. But Burns ruled otherwise.
The lawyer for the residents, Douglas Zamelis, said, “The petitioners are very pleased and encouraged that their case will now be heard on the merits.”
Zamelis had filed three lawsuit in Madison County, but the lawyers for the town and the track succeeded in getting a venue change to Delaware County. Burns, an Otsego County judge, is acting as a judge for Delaware County in the matter.
Burns declined to dismiss the legal claims with the exception of one ground, involving allegations that the Delaware County planning department was complicit in what the plaintiffs maintain is an illegal contract between the town and the track.