Tomahawk MX Defense Fund

TOMAHAWK MX PARK NEEDS YOUR HELP NOW

*Update - The court date to determine whether or not Tomahawk will continue to operate has been moved to August 24th.

THE LAWSUIT TO SHUT DOWN TOMAHAWK MX PARK FOREVER IS SET FOR TRIAL ON JUNE 1 THROUGH JUNE 7, 2010.

Chad Gochenour (track owner) has incurred enormous legal expenses to defend this lawsuit (in excess of *UPDATE 6/23/10 $112,625.00 so far). Chad needs our help to continue to fund the defense of this lawsuit.

SEND IN YOUR DONATION NOW

Legal costs continue to add up. Tomahawk MX Park has a great chance to defeat this lawsuit but it takes lots and lots of money. Please help.

A large number of neighbors surrounding the track have agreed to testify in support of Tomahawk MX Park and against the ones who have brought this lawsuit against the track. We can not thank them enough for their support. Now we need the financial support of the riders and racers.

TOMAHAWK MX PARK NEEDS YOU

No amount is too large or small.

Please make your check payable to the Tomahawk Defense Fund and send it to Tomahawk MX, LLC, 863 Tomahawk Run Rd., Hedgesville, WV 25427 or log onto the website and make your donation online. TOMAHAWK MX PARK NEEDS YOUR HELP NOW.

In addition, if you are interested in serving on the Tomahawk MX Defense Fund fundraising committee please give Chad a call at 304-582-8185

THANK YOU IN ADVANCE FOR YOUR SUPPORT!

TOMAHAWK MX PARK

863 Tomahawk Run Road
Hedgesville, WV 25427
304-229-6682

January 1, 2009

Re: Tomahawk MX Park Defense Fund- Lawsuit Defense

Dear Rider:

First, let me thank you for being a member of Tomahawk MX Park. Our goal at Tomahawk MX is provide you with the best quality motocross and trail riding facility possible. This year, as in years past, we have many improvements planned for the facility including a new multi-purpose building that will be constructed behind the starting line that will include space for sign-up, bathrooms and showers, bike storage and a maintenance shop

Unfortunately a few of our neighbors have other plans for Tomahawk MX Park. They want to see us shut down and closed forever. Recently, a few of our neighbors filed a lawsuit in the Circuit Court of Berkeley County, West Virginia. This lawsuit alleges among other things that Tomahawk MX is a nuisance to the neighborhood and that Tomahawk MX should not be allowed to operate. Tomahawk MX Park needs your help. Defending this lawsuit will be expensive.

Last year, I along with a few of our dedicated members, started the Tomahawk Defense Fund to help fund the legal costs associated with defending a challenge mounted by these same few neighbors who tried to have Tomahawk MX shut down for allegedly violating of the Berkeley County noise ordinance. Tomahawk MX Park, with the help of numerous members, riders and racers who made contributions to the Tomahawk Defense Fund, was able to successfully defeat the challenge mounted by these few neighbors.

Tomahawk MX Park again needs the help of our dedicated members, riders and racers to keep the track open and available for all to enjoy. I know we can do it, but we need your help to defer the cost of the legal expenses associated with this lawsuit.

Let's show these neighbors just how strong and committed the members of Tomahawk MX Park are to keeping our sport strong and protecting our right to ride. We need to show these neighbors that they are in for the fight of their lives and that we have something they don't, strength in numbers.

I have talked with most of the folks who live or own property adjacent to Tomahawk MX Park and they do not support this lawsuit and the attempt to shut us down.

One hundred percent (100%) of all funds donated to the Tomahawk MX Park Defense Fund will be used to defray the legal costs incurred to fend off the effort by these few neighbors to shut down Tomahawk MX Park. Please consider what is at stake and help fund this effort. Every little bit will help and will show these neighbors that the motocross community is prepared and committed to protecting and preserving Tomahawk MX Park.

Please make your check payable to the Tomahawk Defense Fund and send it to Tomahawk MX, LLC, 863 Tomahawk Run Rd., Hedgesville, WV 25427 or log onto our website at http://www.tomahawkmx.com and make your contribution using PayPal or a major credit card by clicking on the "Donate" on the left side menu.

Thank you in advance for your generous contribution and feel free to contact me for updates.

Very truly yours,

Chad Gochenour
Owner- Tomahawk MX Park

Dear Tomahawk MX supporters,

I want to thank everyone who came out to our meeting Monday night. It was a big win for our motocross community. We are now recognized by Berkeley county as an official motocross park. one that is not only open for business, but is also in compliance with all county regulations. We are now able to go forth with expansions. We've been at the county's mercy for 3 years, unable to make changes. We can now put in some permanent fixtures. The changes you'll be seeing in the next year will be very important for our riders and families. We're excited with the outcome. We are constantly working with county officials, and they like working with us. They understand that our services are widely needed. Our kids can come out to a place where they are constantly around adult supervision and a healthy environment. Not to mention its very good exercise.

We thank everyone who contributed to our defense fund. No matter what the size of your contribution, every penny is greatly appreciated. The contributors are the reason why our business is still operating. We keep our defense fund open in order to protect your right to ride. When houses build around an existing course, it's always a bad outcome. For the riders, we are able to keep 3 lawyers working with us in order to keep Tomahawk MX a permanent riding area. We also worked with the AMA and used their government resources to help ensure your riding time is protected.

Please remember we are open 7 days a week, no matter the weather/track conditions. After all, if it's your only day off work and it happens to be a rainy or muddy day, we still want to be an available option to you. Thanks for all the support from everyone who chooses Tomahawk MX to ride.

In gratitude,

Chad G.

The Tomahawk MX Park has recently come under attack from some local residents who have launched an effort to attempt to shut down the facility. These residents have filed complaints with law enforcement, local government officials and have even contacted one of the race sanctioning organizations urging it not to hold any of their races at Tomahawk MX Park.

Chad Gochenour (track owner) has launched an aggressive campaign to defeat the efforts of the local residents to shut down operations at the track. Our right to ride and enjoy our sport is under attack and Chad needs your help. Defending these claims costs money. All of us who ride and race at Tomahawk should consider ourselves members of the Tomahawk MX Park family. It should not be up to Chad to wage this battle alone. I urge everyone who rides and/or races at Tomahawk to step up and help Chad fund the defense of Tomahawk. Chad has hired a lawyer to defend against the efforts of these local residents to shut down Tomahawk. We as riders and racers have an opportunity to help and I urge you to do so. Chad is constantly striving to run a first class operation and continues to invest track revenue into improvements to the facility, a commitment he has made and continues to honor. We should all make a similar commitment, a commitment to help preserve the right of Tomahawk MX Park to operate so that we can all to continue enjoy the fine facility that Chad has built.

A fund to receive monetary donations has been established. One hundred percent of all funds donated will be used to defray the legal costs incurred to fend off the effort by some of the local residents to shut down Tomahawk MX Park. Please consider what is at stake and help fund this effort. Every little bit will help and will show these local residents and others that we are prepared and committed to protecting and preserving Tomahawk MX Park.

Please make your check payable to the Tomahawk Defense Fund and send it to Tomahawk MX, LLC, 863 Tomahawk Run Rd., Hedgesville, WV 25427.

OR

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Thanks,

#128