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Ruling granting stay on conditions

Ruling granting stay on conditions

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Published by: krubenstein591 on Apr 24, 2012
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07/10/2013

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IN
THE
COURT
OF
APPEALS
OF
THE
STATE
OF
WASHINGTON
DIVISION
II
KITSAP
COUNTY,
a
political
subdivisionof
theState
of
Washington,
Respondent/
Cross -
Appellant,
v.
KITSAPRIFLE
ANDREVOLVER
CLUB,
a
not -
or -
rofit
corporation
registered
in
theState
ofWashington,
and
JOHNDOES
and
JANE
ROES
I-
XX, inclusive,
Appellants /
Cross -
Respondents,
and
IN
THEMATTER
OF
NUISANCEAND
UNPERMITTEDCONDITIONSLOCATED
AT
One
72 -
acre
parcel
identified
by
Kitsap
CountyTaxParcel
ID
No.
362501 -
4-
002 -1006with
street
address4900SeabeckHighwayNW,
Bremerton,
Washington.
Consol
Nos.
43076 -
2 -
1
43243 -
9 -
1
RULING
GRANTING
STAY
ON
CONDITIONS
Kitsap
Rifle
and
Revolver
Club (
KRRC) moves
to
stay
the
trial
court'
s
orderthat
concuded
KRRC'
s
operation
of
a
shooting
range (
1)
was
no
longer
a
legal
non-
conforming
useand (
2)
constituted
a
pubic
nusance.
Thetrialcourt'
s
order
enjoined
KRRC
from
operating
the
shooting
range
until
it
had
obtained
a
conditional
use
permit
from
Kitsap
County
and
permanently
enoned
certan
activities
at
the
shooting
range.
 
43076 -
2 -
1,
43243 -
9 -
1
Concludingthat
KRRC
has
demonstratedthat
it
is
entitled
to
a
stay
upon
conditions,
this
courtgrants
its
motion.KRRCbeganoperating
a
shooting
range
in
1926.
The
activearea
of
the
range
is
an
eghtacreportion
of
a
72
acre
parce.
Until
2009, KRRC
leased
the
land
for
the
range
from
the
State
of
Washington.
In
2009, afterthe
State
transferredownership
of
the
landto
Kitsap
County,
the
County
conveyed
ownership
to
KRRC.
According
tothe
County,
KRRCbegan
expandingtheoperations
of
the
range
in
1998and
by
2003was
hosting
commercial
small
arms
trainingexercises.
In
2010, Kitsap
County
commenced
an
action
for
injunction,
declaratory
judgment
and
abatementof
nusance.
It
alleged
thatwhileKRRC
s
use
of
theproperty
as
a
shootingrange
had
been
a
legal
non -
conforming
use
in
thepast,KRRC'
s
expansion
ofthe
operations
of
the
shooting
range
had
terminatedthat
legal
non -
conforming
use.
It
also
allegedthat
the
operationoftheshootingrangeconstituted
a
public
nuisance
in
that
shooting
occurred
from
7:
00
A.
M.
until
10:00
P.
M.,
that
automatic
weapons
wereoftenfired,
thatcannons
and
otherexplosivedevicesweredetonated,
and
that
strayorricocheted
ammuntioncoud
strike
homesadjoining
the
property.
TheCounty
sought
to
abatethe
nusance
and
to
have
the
shooting
range
declared
a
non -
conforming
use.
It
asked
the
court
to
enjoin
operation
of
the
shootingrange
until
it
obtained
a
conditional
use
permit
andto
permanently
enjoincertainactivities.
KRRC
responded
to
the
action
by
noting
that
no
evidence
had
been
presented
of
strayammunition
injuring
anyone
on
the
adjoiningpropertiesor
of
strikinganything
on
2
 
43076-
2-
11,
43243-
9-
11
those
properties.
After
a
lengthy
trial,
the
courtfoundthat
KRRC'
s
operation
ofthe
shootingrange
constituted
a
nuisance
in
the
following
regards:
21.
Thefailure
of [
KRRC]
to
placereasonablerestrictions
on
the
hours
of
operation,
caiber
of
weapons
alowed
to
be
used,
the
use
ofexploding
targets
and
cannons,
the
hours
and
frequency
with
which
practica
shooting"
practices
and
competitions
are
heldand
the
use
of
automaticweapons,
as
well
as
the
failure
of [KRRC]
to
develop
its
range
with
engineering
and
physical
features
to
preventescape
ofbulletsfrom
the
Property'
s
shootingareasdespite
the
Property'
s
proximity
to
numerous
residential
properties
and
civilian
populations
and
theongoing
risk
of
bullets
escaping
the
Propertytoinjurepersons
and
property,
is
each
an
unlawful
and
abatablecommon
law
nuisance.
Mot.
for
Stay,
Ex.
1
at27 (
Findings
of
Factand
Conclusions
of
Law).
ThecourtalsofoundthatKRRC
s
expansions
of
the
use
of
theshooting
range
to
include
commerca
smal
arms
training,
use
of
automatic
weapons
and
professiona
competitions
had
terminatedthe
legal
nonconforming
use
statusofthe
shooting
range.
Thecourtenjoinedany
operation
of
the
shooting
range
until
KRRC
had
obtained
a
condtiona
use
permt
for
a
privaterecreationa
facility.
It
also
permanently
enjoined
the
following
uses
of
the
property: (
a)
use
of
fully
automatic
firearms, (
b)
use
of
rifles
with
caibers
greater
than .
30, (
c)
useof
exploding
targets
and
cannons,
and (
d)
shooting
before
9:
00
A.
M.
or
after
7:
00
P.
M.
KRRC
seeks
a
stay
of
thetrial
court'
s
order
pending
its
appea.
First,
it
contends
that
it
is
entitled
to
a
stay
under
RAP
8.
1(
b)(
2),
whichprovides
that "
a
party
mayobtain
a
stay
of
enforcement
of
a
decisionaffectingrights
to
possession, ownership
oruse
of
real
property ...
by
filing
in
thetrial
court
a
supersedeas
bond
orcash ...."
It
contendsthat
the
trial
court'
s
order
affects
its
rights
to
use
its
property,
so
it
is
entitled
to
a
stay.
Henry
v.
3

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