Shaw v. Coleman

645 S.E.2d 252, 373 S.C. 485, 2007 S.C. App. LEXIS 89
CourtCourt of Appeals of South Carolina
DecidedApril 30, 2007
Docket4241
StatusPublished
Cited by5 cases

This text of 645 S.E.2d 252 (Shaw v. Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shaw v. Coleman, 645 S.E.2d 252, 373 S.C. 485, 2007 S.C. App. LEXIS 89 (S.C. Ct. App. 2007).

Opinion

BEATTY, J.:

Christopher Coleman appeals a permanent injunction preventing him from discharging firearms on his property or immediate surroundings, firing air rifles or pellet guns toward Carol and Charles Shaw’s and Roth and Delia Snowden’s property or person, and yelling or otherwise provoking the Shaws or the Snowdens. We affirm as modified. 1

FACTS

Coleman lives between the Shaws’ and the Snowdens’ property on a stretch of land mainly composed of woods and swamp. The properties stretch across Holly Road in Marion, South Carolina. The Snowdens moved to their property in 1959. Coleman bought his one-acre property in 1990. The Shaws purchased their land in 1992.

After numerous problems with Coleman beginning in August of 2002, including harassing behavior and his firing of weapons on and off his property, the Shaws and the Snowdens brought a nuisance action seeking a permanent injunction 2 of Coleman’s use of firearms, damages for Coleman’s alleged *490 violation of section 31-18-30 of the South Carolina Code (2007), 3 damages for alleged conversion, and damages and a permanent injunction for alleged trespass. 4 Ultimately, the court’s ruling was limited to the question of whether a permanent injunction should be issued.

As a threshold matter, the trial court had to determine whether Coleman had a shooting range on his property because Coleman attempted to use section 31-18-30 of the South Carolina Shooting Range Protection Act (the Act) as a defense. In reaching this decision, the trial court heard two days of testimony and visited the property with the parties.

Terry and Violette Thompson purchased ten acres from the Snowdens in August of 2002. Coleman had previously expressed an interest in purchasing this land, but the offer was rejected. Prior to the sale, the Snowdens did not have any problems with Coleman. Ms. Shaw testified that before the sale she heard four or five shots on Coleman’s land over two to three months. According to Patricia Rowell, who also lives near Holly Road, Coleman fired guns occasionally prior to August of 2002, and after August of 2002, Coleman’s shooting was continuous. When the Thompsons bought the property, the frequency of Coleman’s shooting greatly escalated. The Thompsons sold their property back to the Snowdens in October of 2003 due to Coleman’s continued shooting.

Ms. Shaw testified that Coleman planned to run the Thompsons off the property because he wanted to purchase it. Mr. Shaw concurred with his wife when he testified that Coleman did not want anyone living on the property the Thompsons purchased, and that he planned to run the Thompsons off of their land. Additionally, Mason Draper, a neighbor, discussed the Thompsons with Coleman. According to Draper, Coleman *491 stated that he would keep shooting until the Thompsons moved.

Other nearby property owners experienced similar treatment by Coleman when they sold a portion of their property to a party other than Coleman. The Stackhouses testified that Coleman appeared at their residence screaming that they could not sell their property. In addition, following Frank Shaw’s purchase of land near Coleman’s property, Coleman followed Shaw and filmed him with a video camera.

There was also testimony that Coleman did not limit his shooting to his property, but instead, targeted specific individuals. Both Mr. Shaw and Mr. Snowden testified that Coleman fired bullets over their heads. Additionally, Mr. Snowden watched Coleman fire his rifle over the Thompsons’ property. Ms. Thompson also saw Coleman firing over a public road and over her head and her son’s head. Thomas Nolan witnessed Coleman crouched down near the Shaws’ property while wearing a side-arm holster.

In addition to Coleman’s shooting, witnesses also described Coleman’s harassing and threatening behavior. Mr. Shaw stated that Coleman took pictures of him. Mr. Thompson testified that while he was driving on a dirt road, Coleman appeared and drove erratically behind him while waving a gun. Coleman also repeatedly fired an air cannon on his land.

During this contentious time, Travis Rowell delivered thirty tons of dirt to Coleman’s property in December of 2002. Rowell deposited the dirt on a small mound with targets, which was already present prior to the delivery. Additionally, Coleman installed slats on his chain link fence in response to noise complaints.

In presenting his case, Coleman testified that he wanted to become a shooting instructor and met Charles Shortsleeve, an instructor, in 2003. Coleman claimed he taught as many as fifty people about guns. He further testified that he first obtained a business license for the Sports Shooting Club on his property in 1992, and the license is still effective. Coleman acknowledged the license was for “gun smithing activities.”

*492 On behalf of Coleman, several people testified regarding firearms being shot on Coleman’s property. Ray Williams testified he fired guns on Coleman’s property from 1997 to 2001. Between 1990 and 1993, Vicky Bostic observed Coleman shooting at his backstop a few times. Stacey Jordan fired guns on Coleman’s property as early as 1993. Brian Polston remembered firing guns on Coleman’s property as early as 1997.

Robert Butler, who was involved in drafting several amendments to the Act, stated he saw distance markers and a backstop between ten and twelve feet on Coleman’s property the morning of his testimony. Butler believed that Coleman’s property met the requirements of the Act.

After the hearing, the trial court issued an order on May 9, 2005. The court held under section 31-18-20 that Coleman’s property was not a shooting range because, “the primary use of [Coleman’s] property is as a residence for Mr. Coleman, and the use of weaponry is a collateral use incident to his residence at the property.” Based on this analysis, the court held that Coleman “may not avail himself of the protections of the South Carolina Shooting Range Act,” and found that the Act did not apply to Coleman’s property. As a result of these findings, the court permanently enjoined Coleman from discharging firearms on his property or the surrounding property, from discharging air rifles or pellet guns toward the Shaws’ or Snowdens’ property or person, and from screaming obscenities at the Shaws or the Snowdens or otherwise provoking the Shaws or the Snowdens. This appeal followed.

STANDARD OF REVIEW

“Actions for injunctive relief are equitable in nature.” Wiedemann v. Town of Hilton Head Island, 344 S.C. 233, 236, 542 S.E.2d 752, 753 (Ct.App.2001). “In an action in equity tried by the judge without a reference, we have jurisdiction to find facts in accordance with our own view of the preponderance of the evidence.” LeFurgy v. Long Cove Club Owners Ass’n, 313 S.C. 555, 557, 443 S.E.2d 577, 578 (Ct.App. 1994).

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Bluebook (online)
645 S.E.2d 252, 373 S.C. 485, 2007 S.C. App. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-coleman-scctapp-2007.