Pictured above are some of the many Galesburg Speedway supporters in the audience at the March 25 Charleston Township Board meeting.
Pictured are some supporters of the Galesburg Speedway that attended the March 25 Charleston Township Board meeting.
The Galesburg Speedway, which has been open since 1946, faces a legal challenge that could prevent the owners from using one part of the facility when the speedway is scheduled to open for the new season April 26.
The Charleston Township Board reviewed an update on a court order that was issued against the speedway January 16 at the board’s regular meeting March 25 in front of a room filled with approximately 60 or more Galesburg Speedway supporters.
Bert Gale, building official, zoning official and electrical official from Associated Government Services, said an Order of Contempt was signed by 9th Circuit Court Judge Curtis J. Bell on March 7, 2025.
Charleston Township Supervisor Jerry VanderRoest said since 1964 the property has been zoned residential. He said the speedway, one of the oldest, if not the oldest speedways in the State of Michigan, “has been operating as a non-conforming use for that property.”
VanderRoest and Gale said operating a commercial business in a residential-zoned area in a non-conforming use is where the problems start.
Tammy McGhee said she and her father Tom McGhee are the speedway owners and have been for several years; her son Jeff Sayles is very active in the business as well.
Gale reviewed the March 7 court order and history of violations at the Galesburg Speedway at the March 25 meeting. He said there were a total of 17 violations. All but four violations have been corrected.
Gale said the following permits applications are required but have not been submitted to the Charleston Township Building Department for the following work:
• Structural construction of the floor in the press box.
• New posts that were installed for signage.
• New posts for fencing that exceeded seven feet tall in a pit area. He said the significance of seven feet is the building code would not require a permit for a fence that is less then seven feet tall. It still
would require zoning approval.
• Steel fencing between the restroom and a gas tank in the pit area that were removed and then put back up, still requires a building permit.
Gale adds since a Commercial Building Permit application has not been been submitted and a Commercial Building Permit has not been issued for the work done to the press/box/scoring tower, a Certificate of Use and Occupancy cannot be issued. He adds the press box/scoring tower shall not be used or occupied until a Certificate of Use and Occupancy is issued by the Charleston Township Building Official.
VanderRoest said the township and the former owner worked out an agreement in court in 1989. He stated in that 1989 agreement with the township there was the understanding the speedway property is residential, it was already in non-conforming use and “we were going to have rules and regulations by which the speedway was to abide until the day when the race track phases out.”
Gale said the 1989 court order stipulates the current owners and subsequent owners are subject to the 1989 court order. He adds in the 1989 order there were provisions for an opportunity to perform a couple projects; the restroom and concession stand areas. “Once those projects were completed, no more new construction could happen although there could be some repairs. The repairs were to be very limited but no new construction. So, once something is structurally damaged, there was no opportunity in any of the court orders to fix the damage. That’s one of the things that’s happened with multiple owners over time, if they choose or don’t know, one or the other, about these provisions in the court order they don’t follow,” explained Gale.
VanderRoest and Gale believe floor board repairs made in the press box, also known as The Tower, without a permit, violated the1989 court order for new construction. He said the 1989 court order states if something wears out, it was not to be replaced. They feel the flooring in the press box was a major improvement. “Taking all the floors out and replacing the floor would be an expansion,” said VanderRoest.
“In my view, they went well beyond what was allowed in the 1989 court order - and any other order after - when they tore the floor up and replaced it,” adds Gale.
“As with all non-conforming buildings and uses, not just in Charleston Township, but everywhere in the State of Michigan, when you have a non-conforming building there are restrictions. That is why the judge back then limited future owners to a couple projects they could do. He allowed that, but beyond that we had to stay within the confines of what happens to a non-conforming building when it finally wears out. In case law this has happened throughout the state. After it wears out, it goes away. That’ is not me speaking, that’s the case law. That’s the way non-conforming buildings and uses work,” continued Gale.
Gale said Judge Bell ordered an inspection take place two times a year; Gale performed an inspection March 24. He noted four building permit applications have still not been submitted, including a building permit for the press box.
Gale said the judge did not issue a time frame to make the corrections. However, he said the press box can not be used until the building permit has been applied for. At that time, the township board will review the application and decide whether or not it violates the 1989 court order.
“Because there’s no building permit for that repair I can’t issue a certificate of occupancy so it can’t be occupied until I do that,” said Gale, who adds an inspection on the press box repairs will need to be done to determine if it meets the requirements of the drawings that need to be submitted by a registered design professional.
Tammy McGhee said the Tower is used for scoring and announcing information about the cars and drivers during the race.
VanderRoest told McGhee she would have to have her attorney approach Judge Bell to determine if the repairs performed on the press box are a violation of the court order.
Sayles said the race track will open as scheduled April 26 even if there is not an occupancy permit for the tower.
“They’re spending all this money to try to push us out of the community when we’re trying to bring people into the community by having a venue for people to come and enjoy,” said Sayles.
Tammy said as current owners of the race track, it’s frustrating they have to conform to an agreement made by a former owner in 1989. She doesn’t understand why fixing simple maintenance issues violates a court order or requires a permit. She said the township only allows the race track to be open four months of the year, the last weekend of April through the first weekend of September. Racing can’t start before 4 p.m. and has to be completed by 11 p.m.
“They completely try to be in charge of the track, is what they try to do, and tell us every move we make,” said McGhee.
Several second, third, and fourth generation drivers who raced at the track or attended races at the popular race track were part of the support system numbering over 60 people at the township meeting, including some who held signs showing their support. Some pleaded with the township board to work with the speedway owners more.
John Osterhouse, of East Michigan Avenue Galesburg, asked why the township couldn’t rezone the property.
“Why can’t you rezone that piece of property and help them out. Help the business out instead of fight 35 years to try to shut it down. I know there’s pieces of property around here that you have rezoned. And the businesses, after you have rezoned them, didn’t even come in because the projects get shut down. Why can’t this happen to that property. Why can’t we all get together and try to help this business, instead of 35 years, spending hundreds of thousands of our dollars which could have went to our community, and done a hell of a lot for our community. And you would help that place grow and be better,” said Osterhouse.
VanderRoest said a public land-use meeting was held about year ago when the Charleston Planning Commission proposed keeping the property between the Kalamazoo River and I-94 residential. The proposal was adopted. He adds No one attended the meeting to make a request that the property be re-zoned and no one in attendance disagreed with keeping the land residential.
He added if the speedway owners want to make a re-zoning request to commercial, they are welcome to file an application and pay a $900 application fee. The Planning Commission would then review the application and make a recommendation to the township board. He felt that after being zoned residential since at least 1964, the chances would be slim the township board would make that recommendation to rezone.
Many supporters in the audience felt the speedway brings revenue to other businesses in the area while offering an entertainment option for young people in a safe environment away from drugs or alcohol.
“I have sit here and have seen people come from Nashville, Michigan. That’s a long drive to come and watch one of our nights of destruction. That is a packed house. They bring in so much revenue.
There is nothing in this town for our kids to do. I’ve got a 14 year old kid and a ten year old kid and they attend it and they have a blast at it. There’s nothing in this town for these kids to do on a Friday and Saturday night, except for attend that track. Nothing. These kids could be out here playing video games, doing drugs or anything like that, versus this track family, and it’s a drug freeze zone. Perfect place for a kid to be at 10 (at night). They’re safe there, they have a good time. They put on a great show. This is the only place that brings any revenue to this town that is a family owned business that doesn’t have to do drugs or alcohol. And you guys want to shut it down. I don’t think that’s right. Keep the track open. That track should be here,” said one Galesburg resident.
Tammy said she appreciates the large group of supporters, comparing them to family, where there can be disagreements but they care for each other.
“The Galesburg Speedway family is like our chosen family. They’re always there. People get mad at each other each night of racing, but if something goes wrong, the racing community pulls together to help each other,” said McGhee.
She said when bus races are held she estimated a little over 2000 people will attend. On a regular night 600-700 will attend.
McGhee said she plans to correct the problems that were discussed at the March 25 meeting.
The next scheduled township board meeting is April 22 at 4 p.m.
Full access to public notices, articles, columns, archives, statistics, calendar and more
Three-County & Full Pass also available
