Client: Residents Against Motorsports Track Noise, LLC
Project location: Bowling Green, KY
The National Corvette Museum (NCM) was granted approval to construct NCM Motorsports Park by the City-County Planning Commission of Warrant County, Kentucky. Binding Element Number 13 established an undefined limit on the sound levels as received at neighboring residences. NCM proposed limits, supported by an acoustical study, that the residents found unacceptable. TNC was engaged, and performed a forensic analysis of NCM's report as well as 41 days of on-site monitoring, which included 15 race days. The analysis and mediation support resulted in an agreement with limits substantially lower than those proposed by NCM, as well as permanent monitoring and enforcement provisions.
Client: Miami Township Board of Township Trustees
Project Location: Cleves, Ohio
Defendants had started construction of a 4/10 mile high-banked dirt-track within 200 feet of the property lines of some of the named plaintiffs in the case. TNC conducted ambient sound level measurements throughout the potentially impacted community, as well as source sound level measurements at comparable tracks in Indiana and New Jersey. We also conducted an attenuation study on one of the plaintiff's homes so as to model the levels indoors. An impact analysis demonstrated sleep, speech and use disruption. TNC's analysis of defendant's expert report was so effective, they offered no testimony in court.
TNC Vice President, Stephen Szulecki, (who also serves as Director of the Rutgers University Air Pollution Training Program), prepared and filed a Fugitive Dust Study and Impact Analysis.
The Court ordered a permanent injunction. "Plaintiffs have demonstrated the right to relief under applicable nuisance law. Moreover, they have demonstrated, by clear and convincing evidence, that they will suffer irreparably if the Dirt Track is permitted to operate."