NH Gun Ranges cannot be declared a 'nusiance!'

doobie

doobie

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Just got this in email!

The New Hampshire Supreme Court handed down a decision today that is a victory for Sporting, and shooting clubs all across the State.

Sara Realty LLC. v. Country Pond Fish & Game Club, Inc., The petitioner (Sara) filed a petition in Rockingham County Superior Court seeking declaratory and injunctive relief.
Sara Realty further argued that RSA 159-B did not apply to its action and violated its State Constitutional right to a remedy.

In response, Country Pond filed a Motion for Summary Judgment and Dismissal relying on N.H. RSA 159-B:2

"The owners, operators, or users of shooting ranges shall not be subject to any action for nuisance and no court shall enjoin the use or operation of a range on the basis of noise or noise pollution, provided that the owners of the range are in compliance with any noise control ordinance that was in existence at the time the range was established, was constructed, or began operations."

Judge Lewis in Rockingham County Superior Court granted summary judgment to the Country Pond based upon the courts' conclusion that RSA chapter 159-B barred the petitioner’s action and was not unconstitutional.

This appeal by Sara Realty, LLC followed and the N.H. Supreme Court AFFIRMED the lower courts ruling!

Since the passage of 159-B:2 in 2001, (referred to as the Range Protection Bill) and signed into law by Gov. Craig Benson, this is the first legal challenge mounted against it where concerns have been raised about whether or not the bill was unconsitutional, in that it left a petitioner without a remedy. That aspect was argued in this, while it did not go to the full threshhold, this is a significant ruling for clubs in New Hampshire.
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Frickin' ma**h***s. They need to go back to the hell-hole that they invented south of the border. No offense to the folks from MA here.
 
This ordeal has been going on for >4 years now. I'm glad the club had the money and balls to see it thru. I wish them all the best.
 
I love when things turn out for the good. Sad thing is, that range most likely has been there longer then the houses and areas where people complain. And were most likely told the range was there before they built houses there. Thats why soon I am moving further up north. Cause the Manchester area and all close by surronding towns, feel more like a Boston subhurb. Nothing against Mass. But the more and more people that move into NH. The more trouble and restrictive way of thinking follows them.
 
Of course now they'll try to get the democrats to change this RSA in their favour; and the way NH is working these days it'll be easy and before we know it all ranges will be shut down.
 
This is great, Dublin was trying to pull a similar "noise ordinance" stunt recently with the Peterborough club. The range has been there at least 60 years as I remember.
 
I am a member there and one neighbor complained to the towm about noise and she went on to say she lived in Boston before and the airplanes from Logan bothered her. She moved to NH for the quiet. They said to her let me get this right you lived next to an airport and didn't like the noise then moved next to a gun club that has been open over a HUNDRED years and your going to complain about noise?
They basically blew her off at that point. I know when land was for sale across from the club they made up 4x8 ft signs that read " Active firing range" They wanted the new neighbors to know yes they are still active.
This is great news for the club! It's been a long battle for them.
 
Harleynut said:
I am a member there and one neighbor complained to the towm about noise and she went on to say she lived in Boston before and the airplanes from Logan bothered her. She moved to NH for the quiet. They said to her let me get this right you lived next to an airport and didn't like the noise then moved next to a gun club that has been open over a HUNDRED years and your going to complain about noise?
They basically blew her off at that point. I know when land was for sale across from the club they made up 4x8 ft signs that read " Active firing range" They wanted the new neighbors to know yes they are still active.
This is great news for the club! It's been a long battle for them.
Click to expand...

Moving in next to a club seems like a sweet setup to me! [laugh]
 
Years and years ago when I was a little guy....we lived next to a large sand pit...this was back in the mid 80's.They use to have machine gun shoots in the pit couple of times a year during the summer...complete with a .50 cal machine gun.I loved it.. would rattle the shit out of my windows...my parents on the other hand were not to impressed.
 
TomH said:
Moving in next to a club seems like a sweet setup to me! [laugh]
Click to expand...

When I moved into my house back in 1980, I didn't know that there was a range less than 1/4 mile from my house. I probably would have made a higher offer if I had. [grin]

I don't belong to that particular club, as it happens. Still, I don't mind when someone is shooting over there. I don't hear gun shots, I hear the sound of freedom.
 

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