Dow v. Town of Effingham

The plaintiff, E. Milton Dow, appeals a decision of the Superior Court (O’Neill, J.) upholding the validity of a race track ordinance enacted by the defendant, Town of Effingham (town). We affirm.

On March 2, 1997, the plaintiff informed the town’s planning board of his intent to construct and operate a race track on his land. At that time, the town had no zoning laws in effect and, other than the requirement that he secure a license from the town prior to the scheduling of any outdoor public event, the town had no other ordinances, rules or regulations which would have prevented the plaintiff…