Knimrod
04-04-2006, 10:16 PM
Ruling stands: Linwood shooting club can't use outdoor range
April 04, 2006
By TIM YOUNKMAN
The Bay City Times
The Linwood-Bay Sportsman's Club continues to be banned from outdoor shooting events involving pistols and rifles, based on a recent ruling by the Michigan Court of Appeals.
The club had appealed an injunction imposed by Circuit Court Judge Lawrence M. Bielawski that prohibited a new outdoor pistol and rifle range. The property, on Linwood Road between Mackinaw Road and M-13, is next to the Maple Leaf Golf Course.
The three-judge Court of Appeals panel agreed that the injunction was proper.
Bielawski's injunction against the pistol and rifle range came as a result of a 2003 lawsuit filed by Fraser Township and Maple Leaf Golf Course. The township filed suit after Sportsman's Club members said they planned on establishing a shooting range outdoors for pistols and rifles.
The club already had used the land for outdoor shooting of skeet, and muskets along with an archery range.
''That wasn't a problem,'' said Fraser Township attorney Mark Brissette. ''The outdoor shooting law did not apply to the club since it was grandfathered in. They could continue the prior uses.''
However, any new use of the land would have to be approved by the township board, he said.
Kevin Winters, attorney for the Linwood-Bay Sportsman's Club, disagreed and indicated the club was exempt from any township restriction.
The golf course, which has operated along Mackinaw Road for 40 years, joined the lawsuit because three holes on the course are ''in harm's way of a stray shooting from the range.''
In June 2001, a golfer was hit by a stray bullet, presumably from the Sportsman's Club range. In 2003, four golfers reported having bullets fired near them coming from the area of the Sportsman's Club property. Other golfers have complained of near firings as well, said Paul Beggs, attorney for Maple Leaf Golf Course.
He said the Appeals Court ruling will affect other shooting clubs and other cases across the state where such clubs have contended the local governmental unit has no authority to restrict its activities.
Winters could not be reached for comment on the ruling.
The ruling does not restrict the club from engaging in activities it already has been conducting, but does ban any new, outdoor shooting activities.
Brissette said the case really boiled down to whether the township had the authority to restrict such activities by way of its zoning policies.
''They (club) questioned the authority,'' he said. ''They felt the township couldn't stop them. The club never did seek a zoning permit or variance. They decided it didn't apply to them and they could go ahead with their plans.''
Link to story (http://www.mlive.com/news/bctimes/index.ssf?/base/news-6/1144163812168140.xml&coll=4)
April 04, 2006
By TIM YOUNKMAN
The Bay City Times
The Linwood-Bay Sportsman's Club continues to be banned from outdoor shooting events involving pistols and rifles, based on a recent ruling by the Michigan Court of Appeals.
The club had appealed an injunction imposed by Circuit Court Judge Lawrence M. Bielawski that prohibited a new outdoor pistol and rifle range. The property, on Linwood Road between Mackinaw Road and M-13, is next to the Maple Leaf Golf Course.
The three-judge Court of Appeals panel agreed that the injunction was proper.
Bielawski's injunction against the pistol and rifle range came as a result of a 2003 lawsuit filed by Fraser Township and Maple Leaf Golf Course. The township filed suit after Sportsman's Club members said they planned on establishing a shooting range outdoors for pistols and rifles.
The club already had used the land for outdoor shooting of skeet, and muskets along with an archery range.
''That wasn't a problem,'' said Fraser Township attorney Mark Brissette. ''The outdoor shooting law did not apply to the club since it was grandfathered in. They could continue the prior uses.''
However, any new use of the land would have to be approved by the township board, he said.
Kevin Winters, attorney for the Linwood-Bay Sportsman's Club, disagreed and indicated the club was exempt from any township restriction.
The golf course, which has operated along Mackinaw Road for 40 years, joined the lawsuit because three holes on the course are ''in harm's way of a stray shooting from the range.''
In June 2001, a golfer was hit by a stray bullet, presumably from the Sportsman's Club range. In 2003, four golfers reported having bullets fired near them coming from the area of the Sportsman's Club property. Other golfers have complained of near firings as well, said Paul Beggs, attorney for Maple Leaf Golf Course.
He said the Appeals Court ruling will affect other shooting clubs and other cases across the state where such clubs have contended the local governmental unit has no authority to restrict its activities.
Winters could not be reached for comment on the ruling.
The ruling does not restrict the club from engaging in activities it already has been conducting, but does ban any new, outdoor shooting activities.
Brissette said the case really boiled down to whether the township had the authority to restrict such activities by way of its zoning policies.
''They (club) questioned the authority,'' he said. ''They felt the township couldn't stop them. The club never did seek a zoning permit or variance. They decided it didn't apply to them and they could go ahead with their plans.''
Link to story (http://www.mlive.com/news/bctimes/index.ssf?/base/news-6/1144163812168140.xml&coll=4)