posted October 24, 2002
The group that owns the Cummings Cove development in Lookout Valley has filed suit against Raccoon Mountain Caverns over a proposed go cart track.
Inman LLC, which is headed by Jimmy Chapin, says the go cart track would be noisy and would diminish property values at the development that includes upscale homes, townhouses and a golf course.
The Chancery Court suit is also filed against County Building Inspector Pat Payne. The suit says he has granted a building permit for the go cart track.
The suit, filed by attorney Michael J. Stewart, asks that the permit be revoked. It claims zoning for the site does not allow a go cart track.
Cummings Cove is located off Cummings Highway (Highway 41) next to the Raccoon Mountain attraction, which includes a cave and campground.
The two entities have been feuding in recent months.
Steve Perlaky, Raccoon Mountain owner, said Cummings Cove was blocking access to extensive property he has on nearby Aetna Mountain.
He said guards had been placed at the road, which he said should be kept open.
Cummings Cove asked for a temporary injunction in the case, but Chancellor Frank Brown declined to sign it.
Mr. Perlaky said Raccoon Mountain has been planning the go cart track for several years, and he said Cummings Cove developers were aware of it when they started the development.
He said, "We want to be good neighbors. We are buying Honda motors, which are quieter than lawn mowers."
He said the site of the track is about 100 feet from some Cummings Cove homes.
Mr. Perlaky said the site has already been graded, and he hopes to pour concrete soon. He said one group of 400 people that booked for November is expecting to use the go cart track.
He said Cummings Cove residents should consider the go cart track as "an amenity they can use."
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