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Judge dismissing a lawsuit the county brought ...


Chills1994

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You can read it here:

http://www.bnd.com/news/local/story/651156.html

It's a gun club/range near St. Louis. They used to have USPSA and IDPA matches at their old place way back when, but because of the legal stuff going on, matches never did pick up since moving to the new place.

Here is the cut and paste of the article:

Judge rejects county's effort to shut down gun club near Scott Air Force Base

Kern: It is a threat to Scott aircraft

BY MIKE FITZGERALD - News-Democrat

BELLEVILLE -- For the second time in less than four months, a St. Clair County judge has rejected the county's effort to shut down Caseyville Rifle and Pistol Club because it contends the club endangers aircraft flying in and out of nearby Scott Air Force Base.

Associate Judge Andrew Gleeson on Tuesday granted a motion to dismiss the petition, filed by Harry Sterling, attorney for the 32-acre outdoor shooting range at 1359 North County Road in Mascoutah.

County Board Chairman Mark Kern said he would wait to see Gleeson's final order before deciding whether to appeal it.

Kern made it clear, however, that the county has not given up its nearly four-year battle to shut down the shooting range -- either through an injunction or use of the state's eminent domain law.

"We're going to pursue this case," Kern said. "We believe we're right in this matter."

Don Weihl, a longtime gun club member, said he was not surprised by Gleeson's decision.

"I think the judge did what he had to do," Weihl said.

During the 30-minute hearing, Sterling said the gun range did not present a danger to low-flying aircraft. If used safely, it "will be as safe or safer than a car on Route 161."

But Charles Swartout, the attorney for the county, retorted that two highly qualified witnesses had testified the gun range posed serious threats to aircraft.

At the end of the hearing, Gleeson noted that he had visited the gun club site and the neighboring area. As a result, the judge concluded the club's location is no more dangerous to low-flying aircraft than people who go hunting in the area.

"You can go on the side of the road and shoot one of those guns, Charlie," Gleeson said.

"Not legally, you can't," Swartout replied.

Gleeson ended the hearing by reminding Swartout the county has the power to petition for the seizure of the gun range through the power of eminent domain.

"You have an adequate remedy at law," Gleeson said, "and that's the one you should pursue."

Contact reporter Mike Fitzgerald at mfitzgerald@bnd.com or 239-2533.

And just an FYI... yeah, the club is close to Scott AFB. The town that it is in now, Mascoutah, contacted both the county and the base to invite them to the city council meetings before any construction permits were passed. Neither entity showed up to any of the meetings to oppose the new construction of the range.

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Cool....score one for the good guys and hope it holds up if the country tries to proceed along the other course of action.

Nothing annoys me more than lawsuits brought after the fact when they were given the opportunity to object prior. The development I live in is near the local airport and now people are complaining about aircraft noise. The airport had been there for decades when they started building houses here. Personally, I like it when the Migs (more than one based here) do some touch and gos!

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The same type of thing happened here on the south edge of Ft Worth. There has been an 1/8th mile drag strip and a dirt track in Kennedale for many many years. now all of the yuppies are moving out there and building their housing additions and then complaining about the noise from race tracks that were there when they built their house. :angry2:

Oh yeah.....+1 to the Judge

Edited by target1911
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Glad to see these guys fighting the good fight..

But that's the problem with having to fight a government entity... Once they decide to come after you they just keep comming. Unless you have a lawyer in the club willing to deal with the case pro bono for you, they can just out spend you.

Thankfuly some states have range protection acts to at least try to cut down on this kind of thing.

Peter Adams

FY-39604

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I'd love to see someone (NRA?) help this gun club and file a suit against the county. The thought of loosing a good mega million dollar suit might help the county attorney rethink his anti gun agenda.

Dave

+1 +1 +1 !!!!!!!!!

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:angry2: That pisses me off that they're using the USAF base as the BS reason to shut down a range. The chances of a bullet strike on an aircraft in a landing pattern is practically zero unless the range is directly off the runway hammerhead. Is there a range on Scott? I think there is... Do they shut down the flightline when CATM is shooting on the AF range? Guarantee that's not happening. Has there ever been a single incident of bullet strike on a US aircraft resulting from the range? There would be flight safety report showing bullet strike from that area if there was. Been in the AF for 20 years and only seen one incident of this ever at any of the dozen bases I've been at. The location of the possible shooting was never identified, and more likely the results of malicious intent than an accidental bullet leaving a gun range.

Hell, the range outside Buckley AFB has been gone after to get is closed. They came up awith all kids of stupid reasons to shut it down. The ultimate reason was because a developer wants to put apartments and houses right next to the range and has convinced the city council to pursue shutting down the range. The range has been there long before any of the houses. The range still stands BECAUSE of Buckley AFB. The area is in their aircraft ditch zone.

I bet you there is alterier motives to close the range outside of Scott AFB, and they have nothing to do with aircraft. Bet there's money to be had after whatever is the real motive.

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Be it a gun range or a dragstrip, I HATE those that try and use the courts to screw their fellow man. It aches my heart as I have seen it here where we have gone from rural to suburban in the last 40 years. (Since I was born)

And yes, it is always about money. And yes I see the move in now, change your surroundings later thing alot. I'dlike to stick a sharp stick in their eye!

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The range closest to where I am sitting as I write this had their shotgun range closed 30 plus years ago.

Long story short. The club was founded in the early part of the last century. They had property on land the county wanted for a park. The county gave them a new piece of property, deeded to the club as a gun range with the only proviso I am aware of being it could not be sold.

A developer built up the area a half mile or so past it, on the other side of the river. When sales slowed, they went after the gun club. The club cut back shooting hours, shot later on Sundsy, stopped shooting on Sunday and finally lost the outdoor range altogether.

Now I grew up about two miles in a straight line from this club. You could occasionally hear shotgun, but barely. Next to the range is a fairground. you can DEFINITELY hear the loud speakers they use for announcing the various activities, from 0600 until 2200 or sometimes later!

Jim

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We lost a range here in Southern California due to encroaching homes. :( It had been there long before any of the homes were built but that did not make any difference.

I'm afraid that the judge here has only put off the closing of the club. In California, eminent domain almost always wins.

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Airedale wrote:

I'd love to see someone (NRA?) help this gun club and file a suit against the county. The thought of loosing a good mega million dollar suit might help the county attorney rethink his anti gun agenda.

Dave

Well, if you all happen to know of any good contacts at the NRA, that would be a really big help. (Or the National Shooting Sports Foundation, the NSSF).

Right now, I really do think it is a matter of the county trying to outspend and bankrupt the gunclub. Since the county has unlimited resources (read: a large tax base) and the club is soley relying on its members, it is fighting an uphill battle David and Goliath style.

If the NRA would get involved, it would certainly turn the tables on the county.

And just to give you all an idea of how assinine this lawsuit is, the county originally cited that the smoke from blackpowder/muzzleloading firearms would obscure pilots vision.

Oh... come on!!! :rolleyes:

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Airedale wrote:
I'd love to see someone (NRA?) help this gun club and file a suit against the county. The thought of loosing a good mega million dollar suit might help the county attorney rethink his anti gun agenda.

Dave

Well, if you all happen to know of any good contacts at the NRA, that would be a really big help. (Or the National Shooting Sports Foundation, the NSSF).

Right now, I really do think it is a matter of the county trying to outspend and bankrupt the gunclub. Since the county has unlimited resources (read: a large tax base) and the club is soley relying on its members, it is fighting an uphill battle David and Goliath style.

If the NRA would get involved, it would certainly turn the tables on the county.

And just to give you all an idea of how assinine this lawsuit is, the county originally cited that the smoke from blackpowder/muzzleloading firearms would obscure pilots vision.

Oh... come on!!! :rolleyes:

I don't know anyone there personally but would start with the 800 number on the website and ask who to speak with.

The worst they could say is no.

I agree they are trying to bankrupt the gun club. The only defense for this is a strong offense.

Dave

Edited by Airedale
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