XLR99
Dork
4/18/16 6:54 p.m.
KyAllroad wrote:
She's tried nice. Neighbor just gets nastier and meaner. He drinks heavily and early and is the sort who enjoys his little bit of "power" and sees kindness/intelligence as weakness to be exploited.
A friend suggested today setting up a minaret and broadcasting the call to prayer at all the appropriate times. That way it's protected and any subsequent unpleasantness gets labeled as a hate crime. Funny, but so obnoxious it wouldn't help anyone.
So he drinks heavily and then goes shooting right next to his neighbor's house? This sounds like a disaster in the making.
Yeah, guns and alcohol don't mix well, like potentially illegal levels of don't mix well. But again, this is the sort of stuff lawyers are for.
Have you been pushed to the brink and snapped yet... moving slowly from one to the next saying cool E36 M3 then killing them in some cool way? I'm pretty sure we can get Kurt Russell to play you in the movie version.
Or... maybe go deep into the swamp and swear a blood oath to the witch and wake Pumpkinhead. Liam Neeson could use something besides Taken 12 to do.
The whole thing boils down to, Is what he is doing legal ? If so, then a lawsuit might work.
Sister has asked if they could please move the shooting to another location on the 300 acre farm and was ignored.
What does ignored mean? did she leave them a note or talk to them in purpose? I think the best way to deal with this is invite them over and discuss it over dinner.
In reply to trigun7469: She spoke with neighbor and asked if the shooting could be moved further from her barn/animals/children and was told "no, in fact we're going to be moving it closer to your barn soon" as well as complaints that her dogs bark 24/7 (despite the fact that the dogs are well behaved, closely fenced in, and sleep inside at night).
I'm wondering if there is a thread somewhere where a guy is complaining about his neighbor's noisy dogs, etc. and the posters are suggesting taking some firing practice near her barn.
I wonder if the neighbor thinks shooting guns next to your sisters property is going to quiet the dogs.
It's obvious the neighbor doesn't like your sister and is doing this just to be an shiny happy person. This is going to require other steps.
Apropos of nothing, does your sister live in Vermont, by chance?
In reply to Brett_Murphy: Central Kentucky, why?
I heard of some situation like this from my Dad, who is a real estate agent. The guy being a jerk was actually trying to get his neighbors to move so he could buy the property.
STM317
Reader
4/19/16 1:26 p.m.
You said the neighbor is friends with the local sheriff, can authorities from another police agency be notified?
Otherwise, a sound wall/fence/treeline and trying to soundproof some of her buildings might help.
Pig farm. Threaten him with a pig farm. Place the pens in an upwind direction from the shooting area. Pig E36 M3 is one nasty smell.
Large parabolic dish aimed at his house and shooting range. Shortly they will start wearing tin foil hats and living underground.
Appleseed wrote:
Pig farm. Threaten him with a pig farm. Place the pens in an upwind direction from the shooting area. Pig E36 M3 is one nasty smell.
There was a local farmer who got pissed about ten years back when someone planned to put a subdivision in next to his farm. Put up a big ass, hand painted, super hillbilly looking sign that read "Future Site of Bill's Hog Farm."
No sure if that was actually the reason, but the subdivision never went in.
Record the shooting at the range with some good tele mics and play it back pointed right at his house from dawn to dusk thru a huge wall of Marshall stacks so he can enjoy it as much as she does.
STM317 wrote:
You said the neighbor is friends with the local sheriff, can authorities from another police agency be notified?
It may be time for her to go and have a face to face with the sheriff. Lay it out that you know he is friends with the guy. With all the details she has laid out, I doubt he would be too sympathetic to the guy.
According to KY laws:
As used in KRS 237.210 and 237.220:
(1) "Shooting range" or "range" means an area designated and operated by a person for the shooting of firearms and not available for that use by the general public without payment of a fee, membership contribution, or dues, or by invitation of an authorized person; or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.
http://www.lrc.ky.gov/statutes/statute.aspx?id=11146
237.210 Effect of changed conditions on nuisance actions involving shooting ranges -- Standing to sue -- Limitation of liability -- Prohibition against retroactive application of laws.
(1) No shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of the range if the range has been in operation for one (1) year since the date on which it commenced operation as a shooting range. [Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this section unless the change triples the amount of the noise produced by the shooting range. The increase in the noise level at the shooting range shall be measured by an independent testing agency or a unit of government and shall compare the highest noise levels during any one (1) month during which the range is in full operation with a subsequent month in which the range is in full operation and conducting a comparable level of shooting activities. Only a person who lives adjacent to the shooting range shall have standing to bring an action under this section.
No shooting range or unit of government or person owning, operating, or using a shooting range for the shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement administrative regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation.
Cite: http://www.lrc.ky.gov/statutes/statute.aspx?id=11147
TLDR:
By definition it is a "shooting range"
If a shooting range has been in operation for a period of at least one year then it, by law, will not be considered a nuisance. Less than a year and it's fair to challenge.
So lawyer up now and start the paperwork.
If it has been more than one year, then you need to start the paperwork when he MOVES the range. As it says "...shall not become a nuisance via expansion blah blah blah..."