Knimrod
03-26-2006, 11:44 PM
Gun range suit may misfire
Residents fear case dismissal after Appeals Court bars Green Oak's sound expert witnesses.
March 26, 2006
Valerie Olander
The Detroit News
Some residents fear the Michigan Court of Appeals could dismiss a lawsuit against the state Department of Natural Resources that claims a gun range at Island Lake Recreation Area violated Green Oak Township's noise ordinance.
Neighbors as far as three miles away have complained about the gunfire since trap and skeet shooting opened at the range about three years ago.
A judge has forbidden sound experts to testify on the residents' behalf. Green Oak failed to identify them as witnesses in earlier proceedings. Without the experts, little evidence exists, residents said, even though 44th Circuit Judge Stanley Latreille said he would appoint an independent sound expert.
"I expect this lawsuit will end shortly because there is no possibility of a fair trial here," said Richard Wiegand, who lives about two miles from the range.
A court date has yet to be set for the appellate panel to hear the motion filed last month by Michigan Shooting Centers, which operates the gun range. Immediate consideration was requested. The township sued the private operator and the DNR in 44th Circuit Court in June 2004.
Rep. Chris Ward, R-Brighton, agreed Thursday that a defeat was likely after about 70 residents gathered at a town hall meeting in Brighton Township Hall with three other state lawmakers, including Rep. Howard Walker, R-Traverse City, chairman of the committee that funds the DNR.
Neighbors, many of whom have lived there before the $3.3 million gun range was built, said they just want the noise level below the township's 65-decibel ordinance.
"This baffling (system) and noise abatement the DNR said would happen, didn't," said Jan Ples, a former Green Oak supervisor. "They haven't lived up to any promises, any commitments they made. They promised us there would be three clay pigeon operations and now there's something like 25."
Neighbors of Island Lake Recreation Area's shooting range rehashed their frustrations with the noise and voiced concerns about lead levels in the ground from the ammunition. Many depend on groundwater wells.
For two hours the state lawmakers listened.
Residents used videotapes to demonstrate what it is like to live near the gun range. From Susan Anderson's backyard in Brighton Township, the chirping of birds was continually interrupted by volleys of gunfire.
"Listen. That's all you have to do. Would you like to buy my house and listen to this?" Anderson asked the lawmakers.
She counted 120 gunshots from the 10-minute tape filmed last summer during a rifle competition.
In another video recording, less frequent but clearly distinguishable cracks of rifle fire could be heard at Kensington golf course, located across Interstate 96 from the gun range. And, deeper inside the Metropark -- at the nature center -- slightly muffled but still jolting shots could be heard.
"I don't know what we can do. I don't know what the DNR can do, but as overseers of the DNR, we will check into it," Howard told the residents.
You can reach Valerie Olander at (517) 552-5503 or volander@detnews.com
Link to story (http://www.detnews.com/apps/pbcs.dll/article?AID=/20060326/METRO04/603260372/1015)
Residents fear case dismissal after Appeals Court bars Green Oak's sound expert witnesses.
March 26, 2006
Valerie Olander
The Detroit News
Some residents fear the Michigan Court of Appeals could dismiss a lawsuit against the state Department of Natural Resources that claims a gun range at Island Lake Recreation Area violated Green Oak Township's noise ordinance.
Neighbors as far as three miles away have complained about the gunfire since trap and skeet shooting opened at the range about three years ago.
A judge has forbidden sound experts to testify on the residents' behalf. Green Oak failed to identify them as witnesses in earlier proceedings. Without the experts, little evidence exists, residents said, even though 44th Circuit Judge Stanley Latreille said he would appoint an independent sound expert.
"I expect this lawsuit will end shortly because there is no possibility of a fair trial here," said Richard Wiegand, who lives about two miles from the range.
A court date has yet to be set for the appellate panel to hear the motion filed last month by Michigan Shooting Centers, which operates the gun range. Immediate consideration was requested. The township sued the private operator and the DNR in 44th Circuit Court in June 2004.
Rep. Chris Ward, R-Brighton, agreed Thursday that a defeat was likely after about 70 residents gathered at a town hall meeting in Brighton Township Hall with three other state lawmakers, including Rep. Howard Walker, R-Traverse City, chairman of the committee that funds the DNR.
Neighbors, many of whom have lived there before the $3.3 million gun range was built, said they just want the noise level below the township's 65-decibel ordinance.
"This baffling (system) and noise abatement the DNR said would happen, didn't," said Jan Ples, a former Green Oak supervisor. "They haven't lived up to any promises, any commitments they made. They promised us there would be three clay pigeon operations and now there's something like 25."
Neighbors of Island Lake Recreation Area's shooting range rehashed their frustrations with the noise and voiced concerns about lead levels in the ground from the ammunition. Many depend on groundwater wells.
For two hours the state lawmakers listened.
Residents used videotapes to demonstrate what it is like to live near the gun range. From Susan Anderson's backyard in Brighton Township, the chirping of birds was continually interrupted by volleys of gunfire.
"Listen. That's all you have to do. Would you like to buy my house and listen to this?" Anderson asked the lawmakers.
She counted 120 gunshots from the 10-minute tape filmed last summer during a rifle competition.
In another video recording, less frequent but clearly distinguishable cracks of rifle fire could be heard at Kensington golf course, located across Interstate 96 from the gun range. And, deeper inside the Metropark -- at the nature center -- slightly muffled but still jolting shots could be heard.
"I don't know what we can do. I don't know what the DNR can do, but as overseers of the DNR, we will check into it," Howard told the residents.
You can reach Valerie Olander at (517) 552-5503 or volander@detnews.com
Link to story (http://www.detnews.com/apps/pbcs.dll/article?AID=/20060326/METRO04/603260372/1015)