After an almost three year court battle in Berkeley County, WV, the lawsuit filed by a few of the neighbors surrounding the facility which sought to close down the Tomahawk MX motocross track has been resolved and the facility will remain open and in operation. The lawsuit alleged that the motocross facility was a nuisance to the surrounding neighborhood. Last week, the parties to the suit resolved their differences thus putting an end to the litigation that had been pending since November, 2008.

Gochenour was adamant in his appreciation for the support he received from the motocross community.  Gochenour said “I cannot thank everyone enough who helped and supported Tomahawk throughout this ordeal, I am so thankful for everyone who contributed to the Defense Fund to help defray the costs involved with defending the lawsuit.  The motocross community is a very close knit group and everyone helps everyone else when needed”.

Gochenour was also very thankful to the many neighbors who supported the track and helped fight to keep it.  Gochenour said “I was overwhelmed by the large number of neighbors who supported our side in the litigation and I want to personally thank each and every one of them for taking time out of their busy schedules to go on the record and state that Tomahawk MX is not a nuisance to the neighborhood.”

Chad Gochenour commented, “We’re ready to look ahead.  We’ve had this hanging over our heads for almost three years.  Our membership has dropped with the fear that we would be shut down.  Our ability to get races has suffered. We’re ready to put this behind us and move forward.”

Tomahawk’s immediate plans include constructing a new multi-purpose building behind the starting line.  The building plans include a space for rider registration, bathrooms and showers, concessions, bike storage, a maintenance shop, and a banquet facility to hold 250 guests.

Gochenour stated, “My goal as owner has always been to put the money I made at the track back into the facility.  The money I had set aside to build the multi-purpose building went into defending the track against the lawsuit.  This building is top priority on our list, as well as, improving race day parking and better accommodations in the pits for RVs.”

Tomahawk did not sit idle during the lawsuit.  Tomahawk continued to be active in their community as one of Berkeley County’s leading tourist destinations.  Gochenour and volunteers worked in the community by building park pavilions, improving the roads surrounding the track and hosting children’s’ ride programs to help promote motocross to young riders.

In May, Tomahawk played an integral role in the Family Capitol Hill Climb in Washington, DC to propose legislation to combat the Consumer Product Safety Improvement Act (CPSIA) of 2008 which aimed at ending the sale of youth size dirt bikes and ATVs.  Their partnership with Cobra Motorcycles and Troy Lee Designs helped pave the way to President Barack Obama signing into law H.R. 2715, known as “the lead law”, on August 12, 2011.  Tomahawk’s involvement helped protect youth motorcyclists by assuring them the opportunity to ride age-appropriate motorcycles.

When asked about his goals for the future of Tomahawk, Gochenour stated, “Our goal is to have the best facility in the region.  I think we were on course for that before the lawsuit.  I’m ready to hit the ground running and make Tomahawk a National caliber facility.”