EX-LAKE ELSINORE MOTOCROSS PARK OPERATOR SUES SoCAL CITY FOR $4 MILLION

On Aug 31, 2011

According to the North County Times: A husband and wife team that operated the Lake Elsinore Motocross Park for more than a decade is seeking more than $4 million in damages from the city based on their allegations that officials harassed and discriminated against them, ultimately forcing them out of business.

As typical of government agencies in responding to claims for damages, city officials recently rejected the demand filed by Randy and Brandi Hiner, setting the stage for them to file a lawsuit.

Randy Hiner, a former Temecula resident who now lives in Fremont, said in a phone interview Wednesday that he fully intends to sue Lake Elsinore.

“I’m looking forward to our day in court and airing the dirty laundry of Lake Elsinore from the City Council on down to staff,” he said.

Hiner said he has more than 800 pages of documents that, he contends, will prove that from 2000 through 2010, city officials conspired to shut their operation down.

Hiner announced last year he was relinquishing management responsibility for the popular track near Mission Trail and Corydon Street and the property owner brought in new operators when the Hiners’ lease expired early this year.

“I have sworn statements that will implicate the city manager, the City Council and the Planning Commission,” he said. “It was a systematic and premeditated plan of our great City Manager (Bob) Brady to run me out of town.”

The claim cites 20 current and former city employees and elected officials as being responsible for the damages, including Brady, the entire City Council and Planning Commission.

Because of the legal issues involved, Councilman and Acting Mayor Robert Magee was reluctant to respond specifically to the allegations, but he did speak in support of the decision to reject the claim.

“This appears to be nothing more than a fishing expedition in an attempt to extort money from Lake Elsinore taxpayers,” he said. Magee was dismissive of Hiner’s accusation against Brady. “That’s unfortunate, because Mr. Brady was extremely patient with Mr. Hiner,” he said.

Under the Hiners, the park became a mecca for off-road motorcycle enthusiasts, including professional stars such as former Menifee resident Jeremy McGrath. It was the site of several big races that generated national television coverage.

But the Hiners got bogged down in a battle with the city over compliance issues with the permit authorizing them to run the track, a document that includes numerous requirements related to noise, safety, parking, flooding and other issues.

Randy Hiner contends city officials kept changing the rules, which he says cost him hundreds of thousands of dollars in fees, expert studies and other expenditures, while other entities, such as the adjacent Skylark Airport and Skydive Elsinore were not subjected to the same rigorous scrutiny. He blames the city for him losing out on an offer to buy out his rights to the track for $3.3 million.

“Meanwhile … they’re draining me, sucking every dime I had out of me,” he said.

In the claim, the Hiners allege negligence on the part of the city in applying rules and regulations, as well as negligent and intentional infliction of physical and emotional distress. Magee, however, disputes that the city is to blame for the Hiners’ demise as track operators.

“The Planning Commission did not close him down. He closed himself down,” Magee said. “I think Mr. Hiner found himself in a difficult spot and it’s unfortunate that he decided to blame the city instead of taking responsibility for his own actions.”