Photo: RDOS

The Regional District of Okanagan Similkameen has filed a civil claim against the three owners of a Faulder motocross track that was built and has continued to be used without authorization. 

The Supreme Court claim filed this week lists Ricky Shawn Leitner, Lori Maxine Leitner and Brock Leitner as the defendants. Ricky and Lori are the owners of the Fish Lake Road property where the motocross track was constructed in 2016.

According to the RDOS, the family has been aware for well over a year that the motocross track violated the agricultural land designation for the property.

Neighbours began filing numerous noise complaints, prompting the RDOS to order the track be closed and removed — a request that has so far been ignored. 

At an April board meeting, the RDOS board heard from the Leitners' lawyer, David Polley, who said the track had been constructed for Brock Leitner, Ricky and Lori's son in his early 20s who is an aspiring pro-motocross rider.

He said the family disputed the noise complaints, but the RDOS decided to push forward with a court injunction, citing the length of time the family had already had to try and rectify the situation.

The Aug. 19 civil claim seeks an injunction forcing the Leitners to cease using the motocross track and to remove it from the property. The RDOS also wants remuneration for the costs associated with the law suit. 

The Leitners have not yet filed a response to the lawsuit. None of the allegations have been proven in court. 

Castanet reached out to David Polley to ask whether, if he is still the Leitners' lawyer, they had any comment, but did not hear back.