Club Motorsports Inc, or CMI, the company that’s been fighting the town of Tamworth in its effort to build a multi-million dollar motorsports park on Mount Whittier - filed a motion with the Carroll County Superior Court late last month asking to fill 674 square feet of wetlands and cross a wetland buffer zone to build the roads into its 251-acre property off route 25.

The company’s previous request for the roads was denied by the Tamworth Planning Board, but Superior Court Judge Steven Houran ruled last month the board had violated New Hampshire’s right-to-know law by discussing the issue in a non-public meeting in June of 2007 and didn’t adequately explain its disapproval. 

Houran then ordered the issue to go back to the planning board but CMI filed a motion later in the month asking the Court to grant it the special use permit it was denied by the board.

CMI president Jim Hoenscheid says because the board closed the public hearing before voting, he has no idea why his company’s request wasn’t approved.  He says he’s now requested a court decision because quote “there appears no chance that Club Motorsports will ever receive a fair and unbiased review of our application.”

Attorney Rick Sager, who represents Tamworth, says he expects the judge will deny CMI’s request and the case will probably be appealed to the state Supreme Court.

A phone call to the Tamworth Planning Board requesting comment on the issue was not returned.