Appellate Court invalidates County Use Permit for Phillipsville Motocross Race Track

Save the Redwoods League
Friday, 14 May 1999

San Francisco, CA- In a decision filed May 11, 1999, the First Appellate District Court for the State of California ordered the trial court to set aside the County of Humboldt's approval of a conditional use permit and mitigated negative declaration for the motocross racetrack in Phillipsville. The Court found that substantial evidence indicated that "this motocross racetrack across the road from a primordial redwood grove would generate significant effects including noise, impairment of and conflict with the use of neighboring lands, and impairment of existing recreational activities…"

Save-the-Redwoods League had filed litigation after unsuccessfully urging the Planning Commission and Board of Supervisors to deny the permit because of the motocross racetrack's impacts on neighboring Franklin K. Lane Grove. The League purchased and donated this grove to the State of California in 1921. It is the first stop on the southerly end of the world famous Avenue of the Giants.

"The League is pleased that the noise and traffic of motocross racing will no longer interfere with the visitor's quiet enjoyment of the peaceful serenity of the beautiful redwood grove which is the first stop on the Avenue of the Giants," said League President, Richard Otter. "We hope another location can be found where this popular recreational activity can take place without conflicting with the recreational use of the visitors to Humboldt County's unparalleled redwood parks."

District Superintendent of the North Coast Redwoods District of the California State Department of Parks and Recreation John Kolb, repeating the offer made originally to the Board of Supervisors during their consideration of the Use Permit, commented, "California State Parks supports off highway vehicle recreation as a legitimate activity. We are ready to assist Humboldt County in any way we can to find an appropriate location for a motocross track."

The California Farm Bureau Federation, as an amicus or friend of the court, joined in the appeal of the motocross permit. The Humboldt County Farm Bureau and several of its members had objected to the County's approval of the use permit because the racetrack would convert prime agricultural land to non-agricultural uses. Although the appellate court found it unnecessary to address this issue, it noted that "Nothing we have said or failed to say should be understood to preclude further proceedings concerning the potential effects of the project, including its effect on potential agricultural uses on or in the area of the project site."

John La Boyteaux, Chair of the Humboldt County Farm Bureau's Land Use Committee and a local farmer commented, "Although the court did not reach the agricultural issue, the Farm Bureau is very pleased because the resulting decision helps protect agricultural land. Local government can not ignore the importance of preserving agricultural lands when making land use decisions."

The Conditional Use Permit for the motocross racetrack was approved by the Humboldt County Board of Supervisors on August 26, 1997. The racetrack had operated since 1995 in violation of a county ordinance requiring a use permit. The Use Permit authorized 18 race weekends per year: a Spring Series between April 1 and June 30, and a Fall Series between the weekend following Labor Day and November 15.

For more information, or to contact Save the Redwoods League, see their website at: www.savetheredwoods.org