Just thought I would share this with the hunting community. Who do you think is right, the gun club (established 1993) or theneighboring landowners (1984)
http://www.columbiatribune.com/2008/Jan/20080112News005.asp
A judge temporarily has limited when firearms can be used at a gun club east of Columbia in a lawsuit filed by a husband and wife who contend that gunfire at the Cedar Creek Rod and Gun Club is a nuisance.
A Boone County jury in a three-day civil trial last month agreed with the lawsuit filed by Daniel and Donna Brown and decided the club should pay them
$700,000 in damages.
Daniel Brown said he was satisfied with the verdict but referred questions to his attorney.
Attorney LouLeonatti, who represents the gun club, said the suit is far from settled.
Lawyers for the 120-member club and for the Browns plan to argue about a threatened permanent injunction during another yet-to-be scheduled hearing in front of Judge Jon Beetem of Cole County.
Beetem was appointed by the Missouri Supreme Court to hear the case in Boone County Circuit Court after Boone County judges recused themselves.
If Beetem enters a written final judgment against the gun club, Leonatti plans to appeal.
The Cedar Creek Rod and Gun Club occupies a 115-acre tract in Callaway County, just east of the Boone County line and south of St. Charles Road, which becomes Callaway County Road 276 at Cedar Creek. Owned by Ralph Gates of Columbia, the land is appraised at $182,310, according to the Callaway County assessor’s office.
The club’s Web site describes it as a full-facility shotgun sports club that features venues for shooting sports such as skeet and trap shooting and sporting clay shooting. The club has hosted several shooting competitions, including the Show-Me State Games and competitions associated with the Boone County Fair.
The gun club is a not-for-profit that incorporated in March 1993, according to court records.
Daniel Brown moved into his home at 12101 E. St. Charles Road in August 1984, the Browns’ petition said, and Donna Brown started living there in October 1996. Their 3,300-square-foot home is on 2½ acres in Boone County, separated from the gun club property by St. Charles Road.
Gates, the club’s registered agent, said Thursday he has no plans to close the facility. "The gun club is not going to close up, and I think any other information you can get from our attorney."
Meanwhile, a temporary injunction issued by Beetem limits when gunfire can occur at the club. The judge permitted shooting on six dates during a four-week period after the verdict. The final hours and date listed in the temporary injunction are noon to 6 p.m. Tuesday.
It is not clear what restrictions, if any, will exist after Tuesday, but lawyers said they expect gunfire will be allowed only at particular times if Beetem issues a permanent injunction with similar limitations.
The Browns’ suit filed in January 2004 alleged that target shooting at the club from pistols, shotguns and high-powered rifles cause vibrations and bothersome noise at their home night and day. They contend firing ranges are less than 1,000 yards from their home, making it difficult for them and their son to sleep and rendering their property "uncomfortable and impossible to enjoy."
The Browns said in their suit they have made numerous complaints that started before the construction of the gun club, and they have made "numerous" phone calls to the sheriff’s departments of Boone and Callaway counties.
Tyler Breed, a St. Louis lawyer representing the Browns, said he believes the judge "outlined a plan with limited hours of operation, and I would expect that would happen ultimately" in a permanent injunction.
Leonatti said the gun club would file a motion for a new trial or seek to lower the amount of damages after the injunction hearing. He said the gun club plans to appeal the damage amount and possibly the permanent injunction after the judge enters a final judgment.
"How the permanent court order ends up, we’ll have to take that to the membership, and they’ll have to make a decision," Gates said.