Civil suits CAN work


Motocross Track Ruling

In 2003, a Montana family was dealing with a neighbor that installed a motocross track. The noise levels and dust from the motorcycles were so great that the family had to abandon their home during race meets. The neighbor chose to ignore complaints about the track.

The family of Leonard Moyers brought a civil action against the family of Lorraine Morin, in Flathead County, Montana which operated a motocross track on their property.

The attorney representing the Moyers family retained a consultant who created a report as evidence that included statements of individuals exposed to the track noise, photographs of the area, noise measurements, appropriate studies and references.

In district court, the judge found for the plaintiff. The conclusions of law were that the operation of the motocross track was determined to be a public nuisance. The defendant was prohibited from the operation of any type of motocross track in the vicinity and required to remove the track from the property. That included restoring the original contours of the property by removing the hills and jumps that were constructed as part of the track.