Frustrated residents of Rosebud have launched a judicial review regarding two decisions for a proposed racetrack.

The request alleges that the Environmental Board made two forms of bias. 

First, it alleges that the Alberta Environmental Appeals Board is biased because it lacked funding to offer a full hearing.

The residents state that the Board told them three times that they did not have enough money to offer the hearing they sought.

“This issue affects all Albertans, not just us. Why are we giving this board anything to do if they don’t have the money to do it?” asks local landowner Wendy Clark.

The application also says the appointment of board members created bias to ensure the Badlands Motorsports Resort can move forward. 

This allegation stems from a Board request for freedom of information made by Richard and Wendy Clark.

One of the documents they obtained was a cabinet briefing appointing members to the Environmental Appeals Board.

“We are frustrated that we spent more than four years before a board whose members were appointed to approve this project,” says Clark.

"Given the board’s decision, we see this process as deeply flawed and a waste of time,” Clark continued.

Residents say they will ask the Court of King's Bench for a stay of proceedings to prevent habitat loss while they wait for a final date.

“We have a species—the bank swallow—that is almost completely wiped out,” says Rick Skibsted, another of the residents seeking judicial review.

“That critical habitat is there for a reason. Why ignore it? It makes no sense.”

Skibsted expresses that the people around the community are farmers, and they don't give up.

"We’re going to see this through to the end, and we’re looking forward to the whole story coming out and for a Court Justice to take a hard look at what was done here.”

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