AT 1:30 the COA will hear Bill Lauderdale d/b/a Bumps & Ruts Motocross Track v. Desoto County Board of Supervisors
Lauderdale has a motocross race track and he sued Desoto County for wrongfully enjoining him from conducting three races in the summer of 2012. Lauderdale was granted a conditional use permit for what Lauderdale called a private club on June 13, 2011, allowing him to operate 9:00 a.m. – 6:00 p.m. Monday through Saturday and 11 :00 a.m. – 5:00 p.m. on Sunday. Plans for organized, group events were to be submitted to the Planning Commission and Sheriffs Department 30 days prior to the event date.
Lauderdale submitted plans to hold four special, AMT Series-sanctioned events on May 27, June 10, August 12, and September 09, 2012. 100 racers and 200-300 spectators were anticipated for each event. The Board of Adjustments denied Mr. Lauderdale’s request to hold the races as requested. On appeal, the Board of Supervisors upheld the decision. Lauderdale told the newspaper that the races would occur anyway. The county got a restraining order but Lauderdale held one of the events anyway on June 23-24, 2012. In early July, the Chancellor entered a preliminary injunction prohibiting Lauderdale from hosting the August and September events.
In Lauderdale’s civil suit for damages, the court held that, while the temporary restraining order and preliminary injunction were justified due to Lauderdale’s violation of a direct order of the Board of Supervisors, Lauderdale had not otherwise violated the terms of his conditional use permit. The permanent injunction requested by the County was denied and the Court awarded Lauderdale attorney’s fees and expenses incurred in defense of the County’s application for permanent injunction were awarded. Lauderdale appeals the denial of damages. The County cross appealed the award of attorneys fees.
DeSoto County’s brief
Lauderdale’s reply brief
DeSoto County’s reply brief
Watch the argument here