Deborah Ferruccio, one of nine plaintiffs who filed suit against an ATV racetrack in the Afton-Elberon community and the facility’s owner last fall over noise generated at the track and other complaints, is now suing Tare “T” Davis as chairman of the Warren County Board of Commissioners.
Ferruccio’s complaint for a civil rights violation was filed in federal court in Raleigh on Thursday. It claims that the county’s “ordinance for the regulation of sound crossing real property boundaries including high impact land uses & polluting industries,” more commonly referred to as a noise ordinance, deprives Ferruccio of her constitutional right of due process and equal protection as it pertains to her life, liberty or property.
As part of the allegation and legal basis for Ferruccio’s lawsuit, the complaint states that she has tried for 21 months to resolve issues with the ATV racetrack that opened in 2017 several hundred feet from her residence.
The complaint states that the county noise ordinance’s purpose recognizes that loud sounds “can endanger the physical and emotional health and welfare of the people … interfere with sleep, increase constructional costs, depress property values, offend the senses, create public nuisances, and in many respects reduce the quality of life.” Also, it states that when the county adopted its noise ordinance in 2011, it showed a deliberate indifference to the safety and welfare of citizens by classifying a drag racing operation as a high impact land use and exempting all high impact land use operations from noise safety regulations.
The lawsuit claims that Ferruccio is denied her due process right of life, liberty or property as a result of the noise ordinance/high impact land use hours exemption that allows the racetrack to operate at any time from early morning to late at night.
In damages, Ferruccio, who is representing herself in the lawsuit, is seeking reasonable attorney fees.
The complaint also asks the court to find the nuisance noises and noise pollution exemptions section of the noise ordinance unconstitutional.
The lawsuit against the ATV racetrack and its owner remains in the court system.