Tuesday, February 12, 2002
Shooting range has folks up in arms
By Jennifer Edwards
The Cincinnati Enquirer
LIBERTY TOWNSHIP A new shooting range is being targeted by neighboring residents and township trustees.
James Overbey, who owns Lake Monroe, a fishing lake, on Linn Road, opened the Lucky Shot Nov. 30 for firearms shooting and competitions.
But residents circulated petitions and complained to township officials about noise and what they called the range's threat to those who live in the 35 nearby homes.
In December, the township shut down the range with a temporary injunction, then sued in Butler County Common Pleas Court to close it permanently.
Mr. Overbey and township officials including Administrator Nell Kilpatrick are expected in court Wednesday before Judge Patricia Oney.
Residents O.K. and Thelma Elam, who live on Linn Road near the range, started the petition drive to close it down.
It's dangerous, said Thelma Elam, 81. We've lived here for over 45 years and it's kind of getting from bad to worse.
The lawsuit contends the shooting range, where shooters inside a building fire at outside targets, is on property zoned residential and such a business is not permitted in a neighborhood. Trustee Bob Shelley lives next door to the range and agrees it should close.
The range is very safe the way it is constructed, but right is right and wrong is wrong, Mr. Shelley said. If it's in the zoning code that he can't be there, then he can't be there.
Mr. Overbey referred questions to his attorney, Jay Bennett of Oxford.
Last week, Mr. Bennett said that because Mr. Overbey operated Lake Monroe before the township imposed its current zoning, he may be able to keep his shooting range there. He declined to comment further.
Mr. Overbey is scheduled to appear tonight at the 7:30 p.m. Liberty Township Board of Zoning Appeals meeting to ask for a conditional use permit to operate a shooting gallery on residentially zoned property. Such a permit has never been granted in the township.
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