ELR Citation: ELR 20161
No(s). 36990 (Cal. Super. Ct. Dec 6, 1972)

Auto racing at the County Fair Grounds is a nuisance as conducted because persons of ordinary sensibilities are annoyed by the noise, and because the utility of the racing is outweighed by the social cost it imposes. The utility of the racing as recreation, as a substantial source of revenue for the fairgrounds, as an activity conducted in an area specifically designated for recreation, and as an activity involving substantial capital investments, is outweighed by its social cost in terms of interference with the use of patios, the viewing of television, and the sleep of nearby residents. Auto racing is not, however, a nuisance at law. The permanent injunction will not apply between 10 A.M. and 6 P.M., during "fairtime," or during evening hours when racing vehicles conform with state noise control standards. The stricter noise standards of the city ordinance do not apply to racing at the fairgrounds. Furthermore, they may be invalid because the state has preempted noise control.

Counsel for Plaintiffs
William L. Owen City Attorney for Roseville
Roseville, CA 95678

Daniel J. Higgins District Attorney, Placer County
Auburn, CA 95603

Counsel for Defendants
Jack Mitchell
219 Estates Drive
Roseville, CA 95678