West Virginia Shooting Range Nuisance Case Revived

A Virginia couple’s claim for damages against a West Virginia shooting range was wrongly dismissed, the West Virginia Supreme Court of Appeals ruled.

The March 15 decision revived a nuisance case brought by Ben and Diane Goldstein, who argued that noise from a large shooting range constructed by Peacemaker Properties LLC near the Virginia border significantly interfered with the enjoyment of their residential property.

The appeal drew friend-of-the-court briefs for Peacemaker by the National Rifle Association of America and the West Virginia Citizens Defense League, a state-based pro-gun lobbying group.

The trial court correctly held that the interplay of a ...