By Bruce Rolfe
A dispute with the Galesburg Speedway that has gone on since 1989, may reach a turning point at the next Charleston Township Board meeting the Board learned at its regular meeting October 27.
After reviewing the history of building permit disputes and court hearings involving the Galesburg Speedway, Charleston Township Supervisor Jerry Vander Roest asked Township Attorney Robert Thall to prepare a memo and will seek input from board members before the Board considers going into closed session at the November 24 board meeting to discuss the Galesburg Speedway.
Any board decision would need to be done in open session.
The Galesburg Speedway is owned by Thomas A. McGhee and his daughter, Tammy McGhee.
Vander Roest said the Galesburg Speedway is operating commercial on residential at the location, meaning it has been operating as a non-conforming use for that property.
Vander Roest said the Township and a former speedway owner worked out an agreement in court in 1989, the year he became supervisor. Vander Roest said in the 1989 agreement with the township there was the understanding the speedway property is residential, it was already in non-conforming use and there were going to be rules and regulations by which the speedway was to abide by until the day the race track phases out.
Vander Roest said the two sides came to an agreement, allowing new restrooms, remodeling the concession stands, and other improvements.
Vander Roest said an earlier court order determined any repairs or replacement to the existing Galesburg Speedway facility, “shall in no way be considered extending the useful life of the premises or extending the ultimate determination of the nonconforming use of the subject property in a matter provided by law, but rather be constructed as allowable maintenance and repair as to protect the public safety and welfare.”
Bert Gale, of Associated Government Services, the company the township uses for building inspection and permit services, said work has been performed on the press box, also referred to as the tower. Gale said a building permit was not secured before work was performed. He said at a previous meeting because a Commercial Building Permit was not issued for the work done to the press box, a Certificate of Use and Occupancy could not be issued.
Vander Roest said he did not view repairs to the tower for the public, rather for employees.
Gale adds the township previously stated the building inspector can not issue a building permit for any application that is filed for any legal nonconforming use without the inspector first approving the application.
Tammy McGhee said she paid for the building permit in April, 2025 for work performed on the tower, but picked the check back up in April, 2026, because Gale did not issue the permit or cash her check.
Vander Roest said he reviewed old zoning ordinance books and “it appears it might be as much as 67 years we have had zone, and it’s been a non-conforming use for those 67 years.”
The Township supervisor points out since 1964 the Planning Commission has identified the area from the Kalamazoo River to I-94 as zoned high density R-3 residential, with the lone exception being the convenient store and the lot next to it going south.
He said in 2023 the Planning Commission changed the Land Use Plan identifying the convenient store location will eventually be non-conforming use.
Tammy McGhee said there are some conditions in the agreement established many years ago between the Speedway and the Township, she does not agree with now.
“Back in 1989, the wording in the paperwork in one of them, it does say that we have to go along with that. Forty years ago, 30 years ago, 20 years ago and us now, because we are their successors,” said McGhee.
“That’s the few keywords in there that’s messing us up. And they want us to go by old laws of what they determined years ago, and not by what’s going on now,” points out McGhee, who said she wanted the court to overturn the 1989 ruling.
McGhee said the track will celebrate its 80th year in operation in 2027.
McGhee feels the township has other motivating factors why they want the Speedway shut down.
“There’s nothing going on there and they just don’t want us there because they want it to be housing. They have their own water and sewer and they want everyone on water and sewer from the river to the highway. That’s why they want us gone,” said McGhee.
Tammy said she and her father took over ownership of the Speedway January 19, 2022. She said maintenance repairs on the press box started in 2024 including replacing boards in the press box.
“Now they’re saying that tower isn’t up to code. Of course it’s probably not because it was grandfathered in. That’s been there a long time. They want to shut the tower down,” explained McGhee.
Vander Roest also noted he is concerned with the track being used for events other then racing, vehicles remaining on the property after an event has ended and inspections.
Vander Roest claimed 22 projects at the Speedway were performed without building permits.
Vander Roest said the court ordered the building permit issues be taken care of by 10 a.m. January 2, 2025.
He said four of the original 18 building permit violations were outstanding but three permits were resolved after McGhee turned the three building permits over to the township’s zoning and building permit administrator October 27 to review.
He adds the Township remains concerned work was performed on the press box without securing a building permit.
A dispute with the Galesburg Speedway that has gone on since 1989, may reach a turning point at the next Charleston Township Board meeting the Board learned at its regular meeting October 27.
After reviewing the history of building permit disputes and court hearings involving the Galesburg Speedway, Charleston Township Supervisor Jerry Vander Roest asked Township Attorney Robert Thall to prepare a memo and will seek input from board members before the Board considers going into closed session at the November 24 board meeting to discuss the Galesburg Speedway.
Any board decision would need to be done in open session.
The Galesburg Speedway is owned by Thomas A. McGhee and his daughter, Tammy McGhee.
Vander Roest said the Galesburg Speedway is operating commercial on residential at the location, meaning it has been operating as a non-conforming use for that property.
Vander Roest said the Township and a former speedway owner worked out an agreement in court in 1989, the year he became supervisor. Vander Roest said in the 1989 agreement with the township there was the understanding the speedway property is residential, it was already in non-conforming use and there were going to be rules and regulations by which the speedway was to abide by until the day the race track phases out.
Vander Roest said the two sides came to an agreement, allowing new restrooms, remodeling the concession stands, and other improvements.
Vander Roest said an earlier court order determined any repairs or replacement to the existing Galesburg Speedway facility, “shall in no way be considered extending the useful life of the premises or extending the ultimate determination of the nonconforming use of the subject property in a matter provided by law, but rather be constructed as allowable maintenance and repair as to protect the public safety and welfare.”
Bert Gale, of Associated Government Services, the company the township uses for building inspection and permit services, said work has been performed on the press box, also referred to as the tower. Gale said a building permit was not secured before work was performed. He said at a previous meeting because a Commercial Building Permit was not issued for the work done to the press box, a Certificate of Use and Occupancy could not be issued.
Vander Roest said he did not view repairs to the tower for the public, rather for employees.
Gale adds the township previously stated the building inspector can not issue a building permit for any application that is filed for any legal nonconforming use without the inspector first approving the application.
Tammy McGhee said she paid for the building permit in April, 2025 for work performed on the tower, but picked the check back up in April, 2026, because Gale did not issue the permit or cash her check.
Vander Roest said he reviewed old zoning ordinance books and “it appears it might be as much as 67 years we have had zone, and it’s been a non-conforming use for those 67 years.”
The Township supervisor points out since 1964 the Planning Commission has identified the area from the Kalamazoo River to I-94 as zoned high density R-3 residential, with the lone exception being the convenient store and the lot next to it going south.
He said in 2023 the Planning Commission changed the Land Use Plan identifying the convenient store location will eventually be non-conforming use.
Tammy McGhee said there are some conditions in the agreement established many years ago between the Speedway and the Township, she does not agree with now.
“Back in 1989, the wording in the paperwork in one of them, it does say that we have to go along with that. Forty years ago, 30 years ago, 20 years ago and us now, because we are their successors,” said McGhee.
“That’s the few keywords in there that’s messing us up. And they want us to go by old laws of what they determined years ago, and not by what’s going on now,” points out McGhee, who said she wanted the court to overturn the 1989 ruling.
McGhee said the track will celebrate its 80th year in operation in 2027.
McGhee feels the township has other motivating factors why they want the Speedway shut down.
“There’s nothing going on there and they just don’t want us there because they want it to be housing. They have their own water and sewer and they want everyone on water and sewer from the river to the highway. That’s why they want us gone,” said McGhee.
Tammy said she and her father took over ownership of the Speedway January 19, 2022. She said maintenance repairs on the press box started in 2024 including replacing boards in the press box.
“Now they’re saying that tower isn’t up to code. Of course it’s probably not because it was grandfathered in. That’s been there a long time. They want to shut the tower down,” explained McGhee.
Vander Roest also noted he is concerned with the track being used for events other then racing, vehicles remaining on the property after an event has ended and inspections.
Vander Roest claimed 22 projects at the Speedway were performed without building permits.
Vander Roest said the court ordered the building permit issues be taken care of by 10 a.m. January 2, 2025.
He said four of the original 18 building permit violations were outstanding but three permits were resolved after McGhee turned the three building permits over to the township’s zoning and building permit administrator October 27 to review.
He adds the Township remains concerned work was performed on the press box without securing a building permit.
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