Stop me if you heard this one before
Residential subdivision goes up near private firing range, which is stupid. I mean, who would build one there? So the residents get upset and sue the guy who was there first.
You know, if sound suppressors weren’t so heavily regulated and were treated like they should be, the noise wouldn’t be an issue.
February 8th, 2012 at 11:04 am
I sure hope Dr. Land has a good lawyer, as I have seen situations like this go bad.
Several years ago, there was a private drag-racing strip in South Carolina that had been there for over 20 years. Someone bought land near the strip, built a subdivision, and sold the houses to people who KNEW and were told the drag strip was there.
The homeowners sued the drag strip over the noise, and the drag strip was order to shut down. The “I was here first” defense was not allowed.
I wish Dr. Land the best.
February 8th, 2012 at 11:14 am
“who would build one there?”
I’m guessing it’s a developing suburb so houses are in demand, and obviously the land was cheap.
My sister-in-law lives up the street from a shooting range and the Real estate agents were required for her to sign a form to note that she was aware there was an active shooting range in the area.
Of course that never stops arrogant yuppies, who feel they’re always entitled to tell strangers how to best spend their time.
February 8th, 2012 at 11:41 am
NC has a law that protects gun ranges from things like this. So far they residents at wesley chapel have lost two similar cases against the doctor…
February 8th, 2012 at 1:10 pm
Best of luck to Dr. Land.
February 8th, 2012 at 1:27 pm
Had a case in Ohio awhile back were a Development went up near a Hog Farm that was there for over a Hundred years. The HOA sued because of the Smell, the EPA stepped in, and the Farmer got hosed.
February 8th, 2012 at 4:19 pm
In general, the common law doctrine of “nuisance” in property law does not recognize “I got here first”. Every land owner is equally entitled to the enjoyment of his property.
February 8th, 2012 at 5:50 pm
Well if he loses I hope he sells the Thompson and byes a Barrett .50. That should make things interesting.
February 9th, 2012 at 1:45 am
That Sucks.We have had several issues like that around here where I live.Now where down to just one outdoor range.Good luck getting in on a weekend.
February 9th, 2012 at 2:58 am
“In general, the common law doctrine of “nuisance” in property law does not recognize “I got here first”. Every land owner is equally entitled to the enjoyment of his property.”
This type of bullshit is why small airfields have been disappearing from the US, and why they can’t keep new neighbors from constructing things that obstruct approaches to the runways. I’ve heard that one of the few things Europe does correctly is to ban any interference with an airfield.
February 9th, 2012 at 3:08 am
Oh, and racetracks. Same problem. Laguna Seca, outside Monterey, CA, had a lawyer move next door to it in the 80’s. He sued about the noise, and the track was restricted to just a couple weekends of unrestricted racing per year. Great track to race or spectate at, but that asshole ruined it. It was run by a non-profit charity concern, and it lost a fair amount of income, IIRC.
February 9th, 2012 at 3:00 pm
“So far they residents at wesley chapel have lost two similar cases against the doctor…”
Umm, this concerns me. If law becomes “keep trying until we win”, then there are serious issues.
Given repeat lawsuits on essentially the same issue, his legal team should look into trying to counter-sue for harassment, as well as look into getting a judge to consider contempt-of-court citations.