Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc.

624 N.W.2d 796, 2001 Minn. App. LEXIS 382, 2001 WL 378829
CourtCourt of Appeals of Minnesota
DecidedApril 17, 2001
DocketC9-00-1247
StatusPublished
Cited by16 cases

This text of 624 N.W.2d 796 (Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 2001 Minn. App. LEXIS 382, 2001 WL 378829 (Mich. Ct. App. 2001).

Opinions

OPINION

HALBROOKS, Judge.

On appeal, Lone Oak Sportsmen’s Club, Inc. alleges that (1) the trial court should not have enjoined certain uses of the club because respondents failed to show damages, nuisance or trespass, or a violation of the Minnesota Environmental Rights Act (MERA); (2) the claims for nuisance, trespass, and MERA violations are barred by the statute of limitations or on the grounds that appellant established a prescriptive easement; (3) the trial court abused its discretion by excluding expert testimony; and (4) the trial court’s findings regarding the danger posed by appellant is unsupported by the record. Because we conclude that the statute of limitations does not bar respondents’ claims, appellant cannot establish a prescriptive easement, and the record supports the trial court’s findings, we affirm.

FACTS

Appellant Lone Oak Sportsmen’s Club, Inc., is a private club and an affiliate of the National Rifle Association (NRA). In March 1951, appellant incorporated as a non-profit organization and later purchased an 11-acre tract to operate four shooting ranges (13 acres total). The property is currently zoned A-2 (agricultural and residential). It is surrounded on all sides by privately owned residential property. A protected wetland is located [801]*801off the northwest corner of the club property. The club is open to members for shooting from 9:00 a.m. to sunset or 8:00 p.m. every day of the year. A range officer is on duty only during club-sponsored events. Appellant erected a gate to block roadway access. Members have keys to the gate and to an equipment facility, but the perimeter of the grounds is not fenced.

Respondent Citizens for a Safe Grant is a non-profit corporation consisting of several families who live adjacent to or in the vicinity of the shooting ranges. Throughout the 1960s, the Burlington Northern Railroad Co. operated trains over tracks that ran along appellant’s northern boundary. The tracks were removed and the right-of-way was sold to abutting property owners in March 1984. The old roadbed is now used as a path for hiking, jogging, and biking.

On April 2, 1985, the Grant Town Board (Grant) adopted Ordinance 57, an ordinance regulating the use of firearms and weapons in the Town of Grant. The ordinance provides in part as follows:

Section 2. Illegal Use of Firearms.
a. Except as hereinafter provided, no person shall discharge upon, over, or onto the land of another a firearm of any kind, * ⅜ * or other devices for the propulsion of shots or metal pellets by means of compressed air, gas, or mechanical spring action, within the limits of the Town of Grant, without the express written and dated permission of the owner or lessee of such property to discharge such firearms, weapon, or other device thereon.
b. Except at target ranges as defined in Section 3 hereunder, no person shall discharge at any time whatsoever, a rifle, pistol, or revolver of a caliber greater than a .22 long rifle.
Section 3. Public and Private Target Ranges.
a. A private target range shall be defined as an area for the discharge of weapons for sport which area and the use thereof is controlled by a club or association and, except for specific events, use is limited to members of the group or association.
b. The Board of Supervisors is hereby authorized to issue conditional use permits for the operation and maintenance of * * * private * ⅜ * target ranges in accordance with ordinances of the Town of Grant and other applicable law * * *. Provided, however, that no conditional use permit may be issued until after the Board of Supervisors has visited the site and determined that such use will not constitute a hazard to the health, safety, or general welfare of the public or be or create a public nuisance * ⅜ ⅜.
c. The Board of Supervisors may prescribe rules and regulations from time to time, for the construction and operation of said target ranges, including proof of public liability insurance and may cancel or refuse to renew said permit for violation of such rules and regulations.

Ordinance 57 specifically incorporated the NRA’s guidelines for shotgun ranges, outdoor pistol ranges, outdoor high-power rifle ranges, and outdoor small-bore rifle ranges. The ordinance changed the permit requirement for a gun club from a special-use permit to a conditional-use permit. Appellant has never applied for a conditional-use permit, but did pay an annual $50 fee for a special-use permit from 1993-98.

On May 24, 1988, respondent Patrick Barrett wrote a letter to Grant complaining about automatic firearms being discharged at the shooting range. Other residents orally complained. Barrett stated that he had experienced bullets whizzing over his head and shotgun pellets on his property. On June 22, 1988, Grant wrote to appellant and warned that its gun-range permit would be revoked if there were [802]*802further complaints. Appellant subsequently amended its rules to prohibit the use of automatic weapons.

Respondents continued to complain to Grant about finding bullets on their property and excessive noise from the firing range at all hours. Respondents also noted that either appellant was not controlling its members or keeping its property secure because someone was firing weapons after appellant’s posted hours of operation. Respondents asserted that Grant officials failed to enforce local permitting ordinances and allowed appellant to operate without renewing its conditional-use permit.

On March 3, 1999, respondents filed a declaratory-judgment action against Grant and appellant, alleging that appellant had trespassed on their properties, created a nuisance, and violated the Minnesota Environmental Rights Act (MERA), Minn.Stat. ch. 116B (2000). The matter was tried to the court over a six-day period. The trial included a visit to the shooting range so that the court and attorneys could view the property firsthand.

The trial court’s findings of fact, conclusions of law, and order includes 121 findings of fact. On these factual findings, the court concluded that appellant had created a nuisance, trespassed on respondents’ properties, and violated the MERA. The court noted that, although appellant is an NRA affiliate, appellant has failed to follow many of the NRA’s safety recommendations and guidelines. Because appellant’s property is now surrounded by residential property and wetlands, the court noted that it would be impossible for appellant to make the club safe, consistent with NRA standards. The court additionally noted that appellant had failed to keep its members from violating club rules and had not provided any specific proposals on how to make the range safer. It, therefore, permanently enjoined appellant from continuing the shooting range but retained the right to lift the injunction if appellant submitted within one year a detailed proposal outlining how to make the shooting range safer. Appellant did not make a motion for new trial, but now challenges the trial court’s determinations of trespass, nuisance, and MERA violation and the grant of a permanent injunction.

ISSUES

I. Did the trial court err in determining respondents’ claims were not barred by the statute of limitations?

II. Is there sufficient evidence to uphold the finding that appellant committed a trespass and created a nuisance?

III.

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Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc.
624 N.W.2d 796 (Court of Appeals of Minnesota, 2001)

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Bluebook (online)
624 N.W.2d 796, 2001 Minn. App. LEXIS 382, 2001 WL 378829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-for-a-safe-grant-v-lone-oak-sportsmens-club-inc-minnctapp-2001.