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M$5
December 18, 2008 04:52 AM
How can I research specific legal cases which go back a number of years in the US? (Minneapolis)
I am living in Minneapolis, and am interested in how a Country Club which I live next to is zoned. This club offers Skeet Shooting as an activity on weekends during the summer. On Saturdays or Sundays I am sometimes woken up by the sound of a gun firing. I have been told that the club is old and is under a law which was "grandfathered in." I was looking to confirm this, see if there is anything I could do, and also use this as a way to learn more about the legal system in the US.
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| December 18, 2008 05:43 AM |
This could be complicated, but the first place you should start is your city's zoning ordinance. Read up on what uses are allowed in the neighbor's location. Find out their zoning designation and find the section that lists what's okay there. Be careful, because oftentimes they'll be inclusive, in the sense that one designation will allow everything in a pervious one, plus some new things. Also look and see if there's a section dealing with "nonconforming uses," which might grandfather in old uses that predate the zoning ordinance. Also pay attention to the definitions section: don't assume a word means what you think it means.
I suspect that their use as a gun club is probably allowed under the zoning law, otherwise they'd probably have been put out of business a long time ago. If this is true, your recourse is under the legal theory of "nuisance." Depending on the law in your city, you may be able to simply call the cops on them and get them cited. This is more or less the same thing as filing a noise complaint, or having them cited for "disturbing the peace." Again, different places call it different things.
Otherwise you could hire a lawyer and sue them for damages (meaning money), or under some circumstances get an injunction against them running their club during certain hours or make them install noise barriers or do something else to mitigate the noise
(This is possibly the source of the "grandfathering" you mention, because under some circumstances, if you moved to the area after the gun club was already operating, you might not be able to claim they're a nuisance.)
Anyway, there's a lot more to all of this and if you really want to go against them legally you absolutely should talk to a lawyer. A layperson who just "reads up" will be waaay over his head.
The MUCH better way to proceed is to talk to your neighbors and see if they have similar concerns. If you've got some kind of organized group in the area, like a neighborhood association, you might find that others are frustrated with the same issue. You may be able to approach the gun club and get a "good neighbor" agreement in which they voluntarily agree to do things differently. I would avoid threatening them, but if you can make it clear you're anticipating contacting the police or filing suit, they may be willing to work out a compromise. Taking this route would be a lot better for everybody than trying to hammer them legally right out of the box.
Good luck!
Source(s):
My overpriced law degree.
| Asker's Rating: |
• Thanks. This was exactly what I needed. You went through finding the law library, the zoning designations, how claiming they are a "nuisance" works, etc.
I have a firm grasp at least on what I am talking about now.
Thanks!
I have a firm grasp at least on what I am talking about now.
Thanks!
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Other Answers (3)
December 18, 2008 05:16 AM
Because it seems like a very specific issue to one particular area, it's unlikely that you'll find something online unless you use a subscription service like Lexis Nexis or Westlaw. You have an amazing law school right there in Minneapolis at the University of Minnesota. Maybe you can use their law library to sift through state laws and court decisions and most importantly get a librarian's help.
Most legal collections have subject indexes that you can sift through.
You can try Findlaw but I doubt you'll find anything of substance there.
http://law.findlaw.com/state-laws/minnesota/
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December 18, 2008 05:18 AM
Unless your town or city has their ordinances online you are going to have a hard time finding free local law information on the internet. Google "Minneapolis ordinances" If they aren't online I would go down to city hall and read through the ordinances there.
If there is an ordinance banning shooting, it will list whatever exceptions there are. If there aren't exceptions, and you think they are violating the ordinance, you need to research who can make them stop. Does the city have to sue them or have the local police shut them down, or can you bring an action as a neighbor? You are much better off if the city does it for you.
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December 18, 2008 05:28 AM
I don't live in your state, but the first place I would start is with local municipal offices to see if they can point you in the right direction. Ask the zoning board themselves what the story is. I tried doing some searches for relevant case law, but didn't get too far since I don't know the names of any of the parties. I did find at least one interesting case and I will put its citation in the sources. (feel free to contact me if you want a pdf of the full decision.)
The following is the Westlaw synopsis for
Court of Appeals of Minnesota.
CITIZENS FOR A SAFE GRANT, et al., Respondents,
v.
LONE OAK SPORTSMEN'S CLUB, INC., Appellant,
Merrill H. Oestreich, et al., Defendants.
No. C9-00-1247.
April 17, 2001.
Neighborhood organization brought declaratory judgment action against gun club alleging nuisance, trespass, and violations of Minnesota Environmental Rights Act (MERA). After bench trial, the District Court, Washington County, Mary E. Carlson, J., permanently enjoined gun club from continuing shooting range unless gun club submitted proposal for making range safer. Gun club appealed. The Court of Appeals, Halbrooks, J., held that: (1) cause of action was not time-barred; (2) evidence was sufficient to support finding that gun club's conduct constituted nuisance; (3) evidence was sufficient to support finding that gun club committed trespass; (4) evidence was sufficient to support finding that gun club violated MERA by degrading quietude; and (5) permanent injunction was warranted.
Affirmed.
Does this case sound like it might be useful to you?
I must emphasize that I am not in any way giving legal advice and will even mention that the cases I have cited are not entirely good law anymore. I have not checked exactly what portions were overruled, but the case has been flagged as having some negative history.
Source(s):
(this is the case with the synopsis above) Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc.
624 N.W.2d 796
(this is another case that came up in the search) Minnesota Public Interest Research Group v. White Bear Rod and Gun Club
257 N.W.2d 762
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So yeah, great answer!