Neighbors sue over Doctor's private firing range

[Mr. James]

I bought a house due south of Dulles International Airport, which is in Loudoun County, Virginia. At the time, remarkably few flights out of Dulles passed over my house. Now, they roar by starting at 0600 on weekdays and 0700 on Sundays.

Too effing bad. It never occurred to me to even be upset, let alone to sue. Don't like it? Move.

ETA: Agreed with Standing Wolf

 

[jimpeel]

While I agree this lawsuit is bunk the following statement is just plain incorrect:

"Your property values cannot be depressed if your house is not for sale."

That is just flat wrong.

If the property is not for sale the value is static. Any gain or loss is simply paper profit/loss based upon speculation. Until the property is for sale, the price cannot be negotiated.

If properties were depressed by simple causes, such as having a shooting range or airport next door, the property would never have sold at the price is was sold at originally. That price would have been depressed.

The city/county/state does not lower property values for assessment purposes due to noise, or other, complaints. The argument is specious until one tries to sell the property. At that time, and that time only, does blight come to play. Until then, the property is merely lived in as is regardless of value, assessed or otherwise.

 

[KyJim]

If the property is not for sale the value is static. Any gain or loss is simply paper profit/loss based upon speculation. Until the property is for sale, the price cannot be negotiated.

So, what if you want to mortgage it? What if you need to list personal assets to secure a business loan?

 

[jimpeel]

Off topic but I will answer.

Mortgage values are determined by recent sales of similar property, taxable assessment, and by professional appraisal. The same goes for business loans.

Back on topic:

Judge dismisses neighbors' lawsuit against owner of machine gun range
Tuesday, February 14, 2012 at 3:42 PM

A judge has dismissed a lawsuit by Union County residents who contend that a doctor has no legal right to fire machine guns on a homemade firing range near their properties.​

The story was reprinted verbatim the next day as well.

Union County machine gun shooting range suit dismissed
Wednesday, February 15, 2012 at 12:00 AM

A judge has dismissed a lawsuit by Union County residents who contend that a doctor has no legal right to fire machine guns on a homemade firing range near their properties.​

The neighbors have stated that they will appeal.

They should, however, take their case to the developer who, over the months it took to build the Stonegate tract, should have known about these activities. If they were not apprised of this prior to buying they might have a case for failure to disclose the deficiencies.

When I bought my house in Colorado Springs several years ago, I had to sign a form that I was apprised of the fact that there were aircraft which would fly over the property from the military air base. On the day I closed, we walked outside and four Warthogs in a diamond formation flew over the house. The realtor said "They do that fairly often." to which I said "That's the sound of freedom."

Same goes for this doctor.

I loved that house but had to sell. Got 100% of my asking price.

 

[Double Naught Spy]

They should, however, take their case to the developer who, over the months it took to build the Stonegate tract, should have known about these activities. If they were not apprised of this prior to buying they might have a case for failure to disclose the deficiencies.

Once again, I don't believe this is the case anymore than the developer should have warned residents that some rode motocross on their property in the area or had a riding lawn mower. The doctor's range isn't a commerical operation or part of some federal facility as in your case. I don't believe the developer is able to be held liable for people's legal hobbies that aren't otherwise violating the law. Maybe you can find some examples where it has happened, but so far, I have not.

 

[ltc444]

bet they have a pretty low crime rate in that neighborhood.

In AR I lived in a "transitional neighborhood". Crime was increasing until a guy who lived on the block was forced by his wife (she did not like the smell of the cleaning solvents) to clean his Maxum on his front stoop.

The wannabees took notice and left the neighborhood alone.

 

[KyJim]

Mortgage values are determined by recent sales of similar property, taxable assessment, and by professional appraisal. The same goes for business loans.

That is exactly my point. I was asking rhetorical questions. The mortgage value is determined at some point before the owner sells the house. If an appraiser knows there is a nearby "nuisance," he or she should deduct from the mortgage value. The sales price of other similar property should probably reflect this as well, but it depends exactly how similar they are. Here, geographic proximity to the "nuisance" is important. So, in fact, property can lose value before it is sold. It is not just speculation.

 

[C0untZer0]

A bill just passed the Illinois House Agriculture & Conservation Committee to grant immunity to range owners from action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range.

It will work it's way up the process for a general vote.

I consider it another one of those types of gun laws that doesn't seem as important as lifting a gun ban or getting a carry law but like the Protection of Lawful Commerce in Arms Act (PLCAA) - the absence of these kinds of laws is profound and allows anti-gunners to effect a sort of psuedo ban on the use of firearms through their litigation.