St. Clair county board is not listening

[Blazer]

County trying to close gun range

Resolutions passed to seize land near Scott AFB

BY MIKE FITZGERALD

News-Democrat

 

 

BELLEVILLE --The St. Clair County Board passed a pair of resolutions Monday to shut down and seize a nearly 32-acre shooting range that lies within the glide path of planes landing at Scott Air Force Base.

 

The board overwhelmingly passed the resolutions at the urging State's Attorney Robert Haida.

 

Haida told the board the pair of measures would help the county prevail in its eminent domain lawsuit and request for an injunction against owners of the Caseyville Rifle and Pistol Club gun range located outside Mascoutah.

 

The resolutions would "put the case in the best possible strategic position," Haida told the board, which deliberated in closed session for 40 minutes before voting overwhelmingly to approve the proposals.

 

Haida declined to discuss how the resolutions would promote its planned trial strategy.

 

The county board's vote on the resolutions open the latest chapter in the county's nearly three-year battle to shut down the Caseyville rifle-and-pistol range.

 

In late April, Associate Judge James Radcliffe toured the gun range for himself to determine what danger, if any, the range posed to aircraft passing overhead and visitors to the gun range.

 

During the visit, club President Randy Seper told Radcliffe that if club rules are followed, it would be impossible for a bullet to leave the range's boundaries, according to a News-Democrat story about the judge's visit.

 

In other action, the board agreed to a request by a lawyer for Beelman Trucking Inc. to postpone until next month a vote on a controversial plan to build a concrete plant just outside Scott air base, at 3412 Carlyle Ave.

 

The county Zoning Board of Appeals voted 4-1 on Oct. 1 to approve request by Countryside Realty LLC, a subsidiary of Beelman Trucking, for a special use permit to allow the plant to be built on a predominately rural site just west of the air base.

 

The zoning board gave its blessing to the plan despite the overwhelming opposition of people living near the concrete plant's proposed location. The plant's opponents argue that it would cause dangerous traffic conditions and spoil the rural nature of their neighborhood.

 

Contact reporter Mike Fitzgerald at mfitzgerald@bnd.com or 239-2533.

[45superman]

The gun range got some good news, at least, although it looks to be only a temporary reprieve.

 

Judge dismisses suit against gun club

St. Clair County resolution called vague

 

St. Clair County's nearly three-year effort to seize and close a shooting range next to Scott Air Force Base suffered a legal setback Thursday morning.

 

St. Clair County Associate Judge James Radcliffe dismissed the county's eminent domain lawsuit against the Caseyville Rifle and Pistol Club in Mascoutah.

 

The judge's reason: The May 2005 County Board resolution authorizing the lawsuit is too vague to withstand possible review by an appellate court, Radcliffe said.

 

"That was not an adequate ordinance for an eminent domain case," he said.

 

County leaders have been trying to shut down the gun club -- which had moved from its old site in Caseyville to accommodate the developer of a 400-home subdivision -- since early 2005.

 

They contend the gun club's location in the glidepath of planes landing at Scott threatens public safety because of the risk of a stray bullet hitting a low-flying aircraft.

 

The County Board passed a resolution May 31, 2005, to seize the gun club. But the resolution's authority was fatally undermined by its lack of specific detail, such as the gun club's name, argued Harry Sterling, the gun club's attorney.

 

"We don't know anything about that resolution," Sterling said. "We don't know if it's about Caseyville or if it's about dog-catching. We don't know anything."

 

But Charles Swartout, the county attorney, argued that the county authority for seizing the shooting range comes from a statute pertaining to public safety.

 

"It would suffice," Swartout said.

 

"Yeah, it would probably suffice for any (lawsuit) in the world against anybody," said Radcliffe, alluding to the resolution's lack of detail.

 

"That's right, against anybody," Sterling chimed in.

 

Radcliffe told Swartout to refile the county eminent domain lawsuit under the authority of a much more detailed ordinance the County Board passed last month.

 

"I think you fixed it, quite frankly, with the Oct. 29 resolution," Radcliffe said.

 

Randy Seper, the gun club president, said he was happy to hear Radcliffe had dismissed the county's eminent domain case, but not surprised.

 

"We were vritually assured that that's what was going to happen," Seper said.

 

Seper said he also expected the county to refile its eminent lawsuit in another three or four weeks, but not until after a new appraisal of the gun club's land and buildings takes place.

 

Seper has estimated that the club has spent about $2 million to build and improve the 32-acre site at 1359 North County Road in Mascoutah.

 

"They have to make us an offer in writing," Seper said. "We have to turn it down. Then they can sue us. But it's going to take a while to get there."

[anonymous too]

Does the Air Force have a position in this. It's not the county's airport. If there were stray rounds, you'd think the Air Force would be voicing an opinion.

 

In one of the other posts, it mentioned the Air Force was building homes or other buildings at the other end of the runway.

 

Weird situation.

[45superman]

Does the Air Force have a position in this.

That's a good question, and one that I'm a little embarrassed not to have thought of. I don't remember seeing it addressed before.

[anonymous too]

I believe it was mentioned briefly by someone from the range in an article posted a couple of weeks ago.

[Ol'Coach]

Where is the club located in relation to the takeoff/landing pattern? What's the lowest an aircraft might be when passing over the club range?

 

How likely is a "stray bullet" at a well-run gun club?

 

I guess that's along the line of, "If it saves one child..."

[Air Commando]

Where is the club located in relation to the takeoff/landing pattern? What's the lowest an aircraft might be when passing over the club range?

 

How likely is a "stray bullet" at a well-run gun club?

 

I guess that's along the line of, "If it saves one child..."

 

I can't speak for a civilian range but on our ranges when I was at Hurlburt basically if you could see a plane and it was going to fly in the shooting lane no matter how high or how far out we had to wait for it to pass. We all know the odds are a million to one but we just go safe and wait about 20 seconds for the plane to clear by.