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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in Garfield County, CO and the DOW is constructing a

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I live in Garfield County, CO and the DOW is constructing a $150,000 outdoor shooting range next to mine and a neighbor's house. A shooting range previously existed there but it was just a dirt track and one bench and was minimally used. This new state of the art facility is going to attract many more shooters and negatively impact our quality of life and the value of our houses. I am making a presentation in front of the commission this Friday, September 13, 2013. Any suggestions on what I should include in the presentation. I know I'm fighting an uphill battle and do not have the funds to sue. Any suggestions?

Thank you for your question. Please permit me to assist you with your concerns.

There are indeed some options that you can include in your presentation. I will point out the two strongest arguments and should you need any further clarification or assistance, please use the reply button and I would be then happy to reply.

The two strongest points are ultimately based on 'nuisance', specifically on 'public' and 'private' nuisance arguments.

1. "Public" nuisance is an unreasonable interference with the property and land rights of the community. Here, the most most prevalent nuisance o the community at large would be the noise. You can point to the fact that regardless of how they maintain the premises, there will be excessive noise from gunshots that would travel to your property and to your neighboring properties, it can scare off wild-life, create a property value loss to the neighbor, and there is also a risk of injury or death from a sray round. The latter point is the weakest point because if this is a closed range, the club is required under law to build walls capable of withstanding rounds and ricochets, and pointing that the injury may occur could make you appear to be simply anti-gun which may harm the credibility. This is still a good point, but the more practical aspects of losses to quality of life and loss of value are more 'neutral' that the community is able to understand without the 2nd amendment argument coming into play.

2. The private argument is similar to the public except here you point out specifics of how you would be harmed and your own property. You likewise can focus on noise and loss of value, and that if the premises are not zoned for such use, that you are being harmed directly by their installation of this facility.

Good luck.

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