TERRE HAUTE — A group of residents near the Lost Creek Township Conservation Club in a lawsuit is asking a Vigo County judge to restrict firearms activities at the club to two days per week.
Testimony began Tuesday in the bench trial being heard by Judge Michael Lewis, and evidence presented included two recordings of gunfire at the club range made by neighbors at their homes.
Les Shively, attorney for the 14 nearby residents who filed the lawsuit, said his clients simply want the conservation club to follow a 1972 court decree that stipulated when the club could have its shooting activities, including Wednesday night trap shoot competitions.
“We’re asking the court to abate a nuisance,” Shively said. “We’re not trying to stop the activities of the conservation club. Now, they discharge all types of firearms and the facility was never modified for safety.”
Residents testified they hear not only shotgun, rifle and pistol fire, but also automatic weapons and something that sounds like a cannon.
Neighbor Phyllis Woodsmall, who leads the list of concerned neighbors, testified that she just wants the conservation club to return shooting activities to the 1972 recreational use of the property. The conservation club was founded at its Seelyville location in 1934.
“You just can’t enjoy being outdoors,” neighbor Susan Marr said when asked about how her activities at her rural home have changed in recent years.
Marr said she used to enjoy spending time outdoors on her deck with family members and neighbors. But since club property improvements led shooting activities to increase in 2006, her family has stopped having outdoor get-togethers in the summer and they don’t go fishing or use their boat like they used to.
Marr presented a recording made in March with her digital camera to include audio of the gunfire coming from the conservation club. The audio includes loud gunfire and was recorded about a foot inside the door of her home. The sound of March winds also gusts clearly in the background, but the gunfire is much louder.
Marr and husband William have lived north of the conservation club since November 1995, and she said she used to consider the club a good neighbor.
Like other nearby residents testifying Tuesday, Marr said she started noticing more shooting in recent years. She said the gunfire has increased from just Sundays and Wednesdays to seven days a week.
While she has not found any stray bullets on her property, she said she was on her deck one day and did hear something hit nearby that she thought was a bullet. Her husband has found two bullets on the property they believe to have come from the conservation club.
William Marr said he found the first bullet in the summer of 2006. It was on the back deck near a patio window. He found the second bullet in October 2008 next to a dog kennel. The bullet had cement on it, and the cement at the kennel had been poured in September 2008, he testified.
Neighbor Joe Bush testified that he was raking leaves on his property in 2007 when two bullets flew over his head. He also told the judge that the noise has increased through the years, far beyond what it was when he moved to his property in 2004.
“It’s just a nuisance, irritating,” Bush said. “You don’t know when they’re gonna start or when they’re gonna stop.”
Neighbors Charles Schlunt said when he and his wife bought their property in 2003, they knew they were next door to the conservation club, but they did not know the gunfire would increase through the years.
“The term ‘conservation club’ did not imply to me that it was a shooting range,” Charles Schlunt said.
He and his wife both said gunfire at the club occurs after dark on days other than Wednesdays. He also said use of the firing range by police agencies has increased in recent months, and their activity is louder than the club member activities.
But conservation club president Danny Favre said the club does not authorize after-dark firing of pistols and rifles, contrary to what neighbors contend, and numerous signs with safety rules are posted around the property. Improvements also have been made for safety, he said. Club members who do not follow the safety rules and who fire guns after dark are subject to expulsion, Favre testified.
But Favre did tell conservation club attorney James McDonald that use of the facility by police agencies has increased. While that means more pistol shooting, no one is allowed to use large .50-caliber ammunition because it tears up the berms behind the targets meant to stop stray bullets.
Favre, who stated in court that he owns Favre Gunshop, which is on North 42nd Street, said he has been shooting at the club since the 1950s. He also testified to hearing no safety concerns from any law enforcement people or other shooters with the expertise to recognize a dangerous situation at the club.
He did say that use of the club property by law enforcement agencies has increased since 9/11, when the federal penitentiary closed its firing range to outside agencies. But those agencies also must follow the club rules.
He noted that all 200-some members of the club have keys to the property’s gate, so some people may go out there at times other than organized shoots to practice with their guns. But during planned shooting events, club officers always are at the property. The club has not had a caretaker living at the property for a few years, Favre said, but the club is considering having another caretaker due to vandalism and break-ins at the property.
Testimony in the case will continue today with the conclusion of plaintiff testimony, and presentation of defense witnesses and experts. The trial is expected to conclude this afternoon.
Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.
Local & Bistate
Trial starts in suit against Lost Creek Conservation Club
- Local & Bistate
-
-
UPDATE: Fatal semi accident closes eastbound I-70 in Hendricks County
A fatal semitrailer accident and resulting material spill earlier this morning resulted in the closing of eastbound Interstate 70 at the 57-mile marker in Hendricks County, according to an Indiana State Police news release. The roadway remained closed as of 2 p.m.
-
Valentine's Day a rosy business
Red roses, mixed bouquets and even a bonsai tree or two are being delivered today on perhaps the nation’s sweetest holiday.
-
Downtown gets Wi-Fi ‘hotspot’
Frontier Communications has reached an agreement with city officials to create a Wi-Fi “hotspot” covering much of downtown Terre Haute.
-
Board OKs $5.4M in work at schools
The Vigo County School Board has approved borrowing $5.4 million for an expansion of DeVaney Elementary School and energy-related projects at 15 other schools.
-
Stella’s Cafe downtown plans to close March 2
Not long after changing its name from Bit of Britain Tea Room to Stella’s Cafe, a downtown restaurant has announced plans to close its doors.
-
Bill would ease college credit transfers
Indiana college students worried about whether their credit hours will transfer to another university may get some relief if a proposed higher-education bill passes.
-
Court alters trial date for man accused in 1979 death case
A trial date has changed for a Riley man accused of a 1979 homicide.
-
Shift to online raises school cost concerns
Legislation that would require high school students in Indiana to take at least one online course is meeting resistance from some school administrators who say they can’t afford any more mandates from the state.
-
Cops nab man after squad car struck
A West Terre Haute man was arrested Monday after a police pursuit that began after his vehicle collided with a Terre Haute police car.
-
Victim unhurt when robbed by gunman
Terre Haute police were searching late Monday night for a suspect accused of using a gun to rob another person at about 7 p.m.
-
Man face gun charge after woman shot in leg
A Terre Haute man faces a misdemeanor firearms charge following an accidental shooting during the weekend.
-
Packing the hall
If you didn’t come early, the seats were hard to find.
-
Alternative-fuel project has Rose, ISU students all charged up
The future of Earth’s auto industry is intertwined with the career prospects of local university students, and a world-class team shined with green energy Sunday.
-
Montford Point Marine
In 1943, 19-year-old Ezell Odom was on the sandy beach of a tiny South Pacific island about 7,000 miles from his parent’s home in Terre Haute.
-
K-9 officer Shadow honored as a hero
A Terre Haute K-9 officer injured in the line of duty has been honored as a hero by the Indiana Veterinary Medical Association.
-
Freezin’ for a Reason
Hundreds lined up outside Hulman Center amid frigid air to participate in a warm-hearted cause.
-
Even as law, right-to-work dominates crackerbarrel
The flames of the right-to-work debate were gone, but the coals still seemed to smolder.
-
Vigo School Board to give OK on bonds for DeVaney project
The Vigo County School Board will meet at 6 p.m. Monday in the administration building, 686 Wabash Ave.
-
Bridging the gap to ‘forever’
They can be taken from their homes by strangers for reasons they may not understand, with no possessions other than the clothes they are wearing.
-
Students showcase keen problem-solving skills at Rose-Hulman
For the 16th straight year, Honey Creek Middle School students came out on top in the Wabash Valley MATHCOUNTS competition at Rose-Hulman Institute of Technology.
-
Ivy Tech to celebrate Black History Month
Ivy Tech Community College will celebrate Black History Month with a series of events at its campuses statewide.
-
Whitney Houston, superstar of records, films, dies
Whitney Houston, who ruled as pop music's queen until her majestic voice and regal image were ravaged by drug use, erratic behavior and a tumultuous marriage to singer Bobby Brown, has died. She was 48.
-
Giant welcome home for Steve
Terre Haute was suddenly home to thousands of cheering New York Giants fans Friday as residents welcomed Super Bowl champion Steve Weatherford back home for a parade.
-
‘One for Terre Haute,’ Steve tells crowd at North
“This one was for Terre Haute,” native son Steve Weatherford proclaimed Friday as he shared his Super Bowl victory with the community that helped send him on the path to a world championship.
-
Hometown support vital to success, Weatherford says
Steve Weatherford said Friday he wouldn’t be celebrating a Giants’ Super Bowl victory if not for the support he’s received from his hometown, his parents and mentors in his life.
-
Craning for a rare glimpse
A visitor from the Far East has naturalists flying to Linton, hoping some good comes from one bird’s bad directions.
-
Vigo’s primary election filings complete
The slate is set for the May 8 primary election, with the race for three at-large seats on the Vigo County Council drawing the largest pool of candidates at the county level.
-
Documentary on electric vehicles plays Sunday at Rose
The rising popularity of electric vehicles and their impact on the world eco-system is the focus of a documentary, “Revenge of the Electric Car,” being presented at 3 p.m. Sunday in Rose-Hulman Institute of Technology’s Hatfield Hall Theater.
-
Man gets 10-year sentence in battery case
A West Terre Haute man received a 10-year prison sentence Friday after pleading guilty to aggravated battery for beating a friend caught in bed with the man’s wife.
-
Asian hooded crane lands in Greene County wildlife area
Bird watchers are flocking to a southwestern Indiana wildlife area to try to catch a glimpse of a crane usually spotted only in Asia.
- More Local & Bistate Headlines
-
UPDATE: Fatal semi accident closes eastbound I-70 in Hendricks County
Raw Video: Kim Jong Il Statue Unveiled
Authorities: Houston Found Underwater in Tub
Raw Video: Houston Body Flown From L.A. to N.J.
Raw Video: Hearse Arrives at N.J. Funeral Home
Arm Wrestler Not Guilty Plea in Wife's Death
Trial Opens for Ala. Man in Bride's Diving Death
Baltimore's 'Crime Stopper' Is a Basketball Star
First Person: Westminster Kennel Club Dog Show
Obama's New Budget: The Winners and Losers
Raw Video: Whitney Houston's Last Performance
Bacteria Keep Swimmers Off Some Fla. Beaches
Police: Houston Found Under Water, Unconscious
Gregoire: Marriage Equality Is Right for Wash.
Reaction to Houston's Death at Clive Davis Party
Coroner: Don't Know Houston's Cause of Death Yet
Sandusky Can See Grandkids, Have Local Jury
Attempted Bomb Attack Stopped in Georgia
Israeli Diplomats Targeted in India, Georgia
And the Winner for Best Super Bowl Ad Is...
Raw Video: Israeli Embassy Car Attacked
Sports Illustrated Cover Leaked
Kate Upton MLB 2K12 Commercial
Olympic Swimmer Proposes on Podium After Big Win
Whitney Houston Funeral Arrangements Set
Scarlett Johansson's Bikini P-D-A
Man Allegedly Drowns Wife While Scuba Diving
The 'Celebrity Apprentice' Cast Meets Donald Trump
Wash. becomes 7th state to okay same-sex marriage
Romijn's 60 Pound Weight Loss
Kissing contest heats up
Hugh Hefner's Son Arrested
Jacqueline Kennedy's personal papers released
Did Tyler Perry Have a Secret Wedding?
Iran denies Israeli embassy bombings
'Bachelor' Free Falls into the Ocean
Facebook Parenting: Father Posts Video Responding to Daughter's Post
Bobby Brown on Houston's Death
