The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Friday, December 22, 1995              TAG: 9512220407
SECTION: LOCAL                    PAGE: B9   EDITION: FINAL 
SOURCE: BY KATRICE FRANKLIN, STAFF WRITER 
DATELINE: SUFFOLK                            LENGTH: Short :   42 lines

RACETRACK FOES SCURRY FOR CASH TO FUND HIGH COURT APPEAL

The Suffolk City Council didn't stop them. The city's Circuit Court didn't either. But a lack of funding might.

Opponents of an automobile race track have filed a notice of appeal with the Suffolk Circuit Court of Appeals, saying they are trying to scrape together enough cash to take their case to the state Supreme Court. The notice of appeal, filed this week in Circuit Court, comes roughly a month after a Suffolk judge's ruling in favor of the race track's development.

Citizens Against the Racetrack, known as C.A.R., are hoping to raise $5,000 by Feb. 20 to pay legal fees for their supreme court appeal. Members of the organization say they're about $4,000 short.

The group, made up of Suffolk and Chesapeake residents, has been fighting a legal battle with the City Council over the 684-acre industrial park and race track near the Chesapeake-Suffolk line.

The council rezoned the land in March. Nearby residents argued that the development at the intersection of Nansemond Parkway and Shoulders Hill Road would increase traffic and noise in their neighborhood.

Shortly afterward, the group filed a lawsuit alleging that the council rezoned the site illegally and that opponents of the race track were given little say in the process.

But a Suffolk Circuit judge ruled last month in favor of the City Council, saying it did nothing wrong in rezoning the land.

The group says despite the judge's ruling and their lack of funding, their confidence remains high in their fight against the city.

No work has been done on the site since the rezoning nine months ago.

``Everybody wants to pursue it,'' said David Walkup, one of the plaintiffs in the case. ``A bunch of people outside of C.A.R. have been sending money. Right now is not a great time for money because everyone is shopping, but we're planning on collecting enough money.'' by CNB