STEWART E. STADLER
District Court Judge, Department 3
Flathead County Justice Center
920 South Main
Kalispell, MT 59901
Telephone: (406) 758-5906

     This matter came on for trial on Wednesday and Thursday, August 20, 2003. Plaintiffs were present and represented by their counsel, Lee C. Henning; the Defendant Lorraine Morin was present personally and on behalf of the Morin Family Trust; the remaining Defendants were not present. The Court, having considered the pleadings and exhibits, the testimony of the parties and their witnisses, and being fully advised, now makes the following:

     1.     The Morin Family Trust is the title holder to certain property located in Flathead County, State of Montana, upon which Defendants have operated and/or allowed to operate the Badrock Motocross Track. The remaining Defendants are the beneficiaries of the Trust and jointly control the real property in question.

     2.     Plaintiffs own real property near the Badrock Motocross Track.

     3.     Lorraine Morin occupies and controls the property on which the Badrock Motocross Track is located by the consent of and in conjunction with the other two beneficiaries of the Morin Family Trust, Cheryl Brunson and Janice Morin.

     4.     In or about the fall of 2001, the Defendants allowed the aforementioned motocross track to be built on their property.

     5.     Since that time the Defendants have operated and/or allowed to operate a motocross track on the property, at times by themselves, and at other times in conjunction with other persons.

     6.     During the spring, summer and fall months of 2002 the track has been operated as frequently as on a daily basis.

     7.     On a number of occasions during the summer of 2002, large race meets were held at the track.

     8.     The track produces a tremendous amount of noise and dust which unreasonably interferes with the Plaintiffs' ability to use and enjoy their property.

     9.     The noise level of the motocross bikes is so great on some occasions that it interferes with the Plaintiffs' ability to hold normal conversations on their property, to listen to television and radio, and to study.

     10.     The Plaintiffs, on a number of occasions, requested that Defendants stop or limit the use of the motocross track, which requests were ignored by Defendants.

     11.     The continued operation of the track would dramatically decrease the Plaintiffs' use and enjoyment of their property and would negatively impact the value of the Plaintiffs' properties.

     12.     Some of the Plaintiffs have chosen to abandon their homes during the days of heavy operation of the track due to the noise.

     13.     The Defendants continue to operate the track on a limited basis and even this limited operation interferes with Plaintiffs' ability to use and enjoy their property.

     14.     In an attempt to reduce the impact to surrounding property owners by the operation of the track, Defendants continued to reduce and limit the operation of the track. The Court does not find that the Defendants acted with actual malice and an award of punitive damages would not be appropriate.

     15.     Defendants have shown an inability to regulate the use and operation of the track in a manner which does not obstruct Plaintiffs' free and comfortable use and enjoyment of their adjoining properties. For that reason it is necessary for Defendants to be compelled to remove the track completely from the property.

     Based upon the foregoing Findings of Fact and Conclusions of Law, the Court hereby enters the following:

     1.     The operation of the Badrock Motocross Track is determined to be a public nuisance and Defendants are permanently enjoined from the continued operation of any type of motocross track in this vicinity.

     2.     Defendants are to abate this nuisance by removing the track from the property. This removal is by restoring the original contours of the property in question by removal of the hills and jumps which were constructed as part of the track.

     3.     Plaintiffs are not entitled to an award of punitive damages.

     Based upon the foregoing Findings of Fact and Conclusions of Law, the Court hereby enters the following:

     1.     That Defendants permanently terminate the operation of the Badrock Motocross Track.

     2.     That Defendants, as weather and time allow, are to cause the removal of the track by removing hills and jumps that were constructed for its operation. This removal and restoration to original contours is to be accomplished as weather and time allow but no later than July 1, 2004.

     Dated this 28th day of October, 2003.