Dave Baumeister, Minnehaha Correspondent
BRANDON – Badland’s Motor Speedway is telling people they can skip the Minnehaha Planning and Zoning meeting on Monday, July 23, as their website claims the county has “rescinded” its previous letter.
That previous letter, dated June 6, stated that since Badlands Motor Speedway had not operated as a racetrack since May 13, 2017, its “grandfathered” status was void and operating as anything but agricultural would be a non-conforming use.
Because of that, Badlands had to put its planning auc- tion on hold.
Now, their website reports, as of a notice dated July 10, the county sent a letter retracting the previous June 6 letter, and the site announces their auction is back on, this time for September 15.
Minnehaha County Commissioner Jeff Barth, who acts as the liaison to the planning board, has said that a letter was sent to Badlands “rescinding” the previous notice to avoid possible prolonged legal action, but the original letter was not sent “in error,” as the Badland’s site contends.
He said that while they believe their initial actions were correct, they did not think possible litigation would be in anyone’s best interest.
Barth said that there is no definition for the word “discontinued” in state statute, making it sound like any legal action would surround that word, which is used in the zoning ordinance.
In May of 2017, the Badland’s website did use the wording that it would be “discontinuing” all services at the track as of May 16, 2017, which included five races which had already been scheduled.
The original June 6 letter from Scott Anderson, director of the planning board, cited the one-year lapse, and was presumably based on a lack of racing at the at the “grandfathered” race track.
The matter of the Badlands’ zoning had been on the agenda for the Monday, July 23, planning and zoning meeting, but it was removed in the most recent agenda published by the county.
For context, here is the text of the letter sent to Charles Brennan and his attorney Mark V. Meierhenry from Scott Anderson, Planning Director from Minnehaha County Planning and Zoning, dated July 10th:
Dear Mr. Brennan and Mr. Meierhenry:
This letter acknowledges Mr. Meierhenry's letter of June 14, 2018, as well as the Notice of Appeal filed on June 26, 2018. The County maintains its position that the commercial race track in an Agricultural District is a nonconforming use under the Ordinance.
However, the County has reconsidered its position as to whether the use has been discontinued. The County has determined that, in the absence of case law in the State interpreting the word "discontinued" under the nonconforming use statute, it is uncertain as to how the Circuit Court or Supreme Court would apply that term to the circumstances surrounding The Speedway. As the County does not want to become entangled in protracted and expensive litigation, the outcome of which is uncertain, I respectfully rescind my prior letter to you. Since the Speedway is a legal, nonconforming use, the lawful use of the premises may be continued, consistent with Section 1&.02 of the Ordinance.
The rescission of my letter of June 6, 2018 is given as a compromise of disputed claims and should not be interpreted as an admission by Minnehaha County as to any issue of law or fact. Based on the foregoing, I trust you will voluntarily dismiss or withdraw the pending appeal.
If you have questions or concerns, please contact the undersigned.
-Scott Anderson Planning Director Minnehaha County Planning & Zoning
