Nuisance: No Safe Harbor For Old Shooting Range

Tuesday, January 15, 2013 12:00 am
Land Use Law Report, Volume 41, Number 1

A statutory safe harbor for shooting ranges against noise-related nuisance claims didn't apply to a range built in 1962 because it pre-existed the laws regulating its use.

Facts: In 1962, Levi Wayne Kemp built a shooting range at the back of his property on Thorn Road in rural Marshall County, Indiana. At the time, there were no statewide or county laws governing shooting ranges. He expanded the shooting range in 1968, 1985, and 2006. By 2006, the county had enacted a comprehensive zoning ordinance that governed shooting ranges, and the state had enacted the Indiana Range Protection Act. In 2008, Kemp obtained approval from the county zoning board to continue operating his shooting range. Kemp allows family and friends to use the range, and police use the range for training. During some months, the range is used daily, including evenings. Police training can cont[..]


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