Supreme Court To Hear Shooting Range Appeal

The Idaho Supreme Court Hearing (regarding Farragut Shooting Range) will be heard in the Coeur D'Alene Courthouse (old building) in Courtroom 1 at 8:50 am on Wednesday, September 19, 2012.  This is open to the public and we hope to see you there. The Idaho Supreme Court Press Release is stated below for your information regarding this appeal. Regards, Chuck Murray and Jeanne Holder CITIZENS AGAINST RANGE EXPANSION, JEANNE J. HOM, EUGENE RILEY, KATHLEEN RILEY, LAMBERT RILEY, DENISE RILEY, GABRIELLE GROTH-MARNAT, GERALD PRICE, RONALD ELDRIDGE, DOROTHY ELDRIDGE, GLENN CHAPIN, LUCY CHAPIN, SHERYL PUCKETT, CHARLES MURRAY, CYNTHIA MURRAY, DAVIE VIG, Plaintiffs-Respondents, v. FISH AND GAME DEPARTMENT, VIRGIL MOORE, Defendants-Appellants. ______________________________________ )))))))))))))))))))) Docket No. 39297 Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge. Honorable Lawrence G. Wasden, Idaho Attorney General, Boise, for appellants. Scott W. Reed, Coeur d'Alene, and Harvey Richman, Athol, for respondents _____________________ This appeal comes to the Idaho Supreme Court after protracted litigation regarding the Farragut Shooting Range in Bayview. The Citizens Against Range Expansion (CARE), composed of individuals who reside near the range, sued the Idaho Department of Fish and Game (IDFG) in 2005. Based on safety and noise concerns, CARE sought to enjoin IDFG's use and expansion of the range. The district court granted injunctive relief and closed the range. It then set safety requirements for reopening the range for up to 500 shooters per year, and safety and noise requirements for reopening it for more than 500 shooters. In 2010, after making modifications to the range, IDFG filed a Motion for Partial Lifting of Injunction. Citizens Against Range Expansion v. Fish and Game Department, S.Ct. 39297 Page 2 _______________________ The district court denied the motion after determining that IDFG had not met the requirements for lifting the injunction for up to 500 shooters. The court found that the terms of the injunction order were not met because bullets could escape downrange via ricochet. Further, the district court determined that the Idaho Outdoor Sport Shooting Act, which was enacted by the Idaho Legislature in 2008, was an unconstitutional special law and violation of judicial power. Because the noise standards adopted by the Act were unconstitutional, the court concluded that IDFG had not yet complied with the noise requirements for lifting the injunction for more than 500 shooters. IDFG appealed this decision to the Supreme Court.