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Spirit Ridge Mineral Springs, LLC v. Franklin County

Supreme Court of Idaho

October 29, 2014

SPIRIT RIDGE MINERAL SPRINGS, LLC, a Wyoming limited liability company, Plaintiff-Appellant,
v.
FRANKLIN COUNTY, Defendant-Respondent

2014 Opinion No. 106.

Appeal from the District Court of the Sixth Judicial District of the State of Idaho, Franklin County. Hon. Mitchell W. Brown, District judge.

The district court's decision is affirmed. Costs on appeal are awarded to respondent.

Atkin Law Offices, P.C., Clifton, Utah, attorneys for appellant. Blake S. Atkin argued.

Franklin County Prosecuting Attorney, Preston, attorney for respondent. Vic A. Pearson argued.

W. JONES, Justice. Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON CONCUR.

OPINION

W. JONES, Justice.

I. Nature of the Case

Spirit Ridge Mineral Springs, LLC (" Spirit Ridge" ) appeals a judgment entered in favor of Franklin County dismissing Spirit Ridge's complaint which had requested abatement of a private nuisance and for an injunction against a gun range operated by Franklin County adjacent to its property. In a bench

Page 584

[157 Idaho 425] trial, the district court ruled that Spirit Ridge had failed to demonstrate that there was an ongoing and continuing nuisance at the time of the trial. Spirit Ridge appeals. We affirm.

II. Factual and Procedural Background

Franklin County owns and operates a gun range on a plateau adjacent to Spirit Ridge's property. The gun range generally was open to the public from daybreak until dusk. Franklin County employed a manager of the gun range to supervise the people using the range to some extent, but he was not always present at the gun range. Franklin County posted and continually updated signs with various rules, guidelines, and directions about the use of the gun range.

On August 25, 2011, Spirit Ridge, through its manager, James Ridge, filed a complaint against Franklin County alleging that the shooting range was a private nuisance and that Spirit Ridge was entitled to have the shooting range abated. Spirit Ridge also prayed for a permanent injunction ...


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