Attorneys Sean O’Connell (on joint brief and orally) and Kirsten Allen (on joint brief) recently secured a New Hampshire Supreme Court victory on behalf of their clients who were intervenors in the case of Monadnock Rod and Gun Club v. Town of Peterborough.
Background of the Case
For decades, the Monadnock Rod and Gun Club (the "Club") operated its outdoor shooting range in Peterborough, oriented east to west. However, in 2015, the Club altered the range orientation to a south-north configuration, allegedly encroaching on the Perrys' property without the necessary permits or site plan review. This led to complaints of contamination on the Perrys' land and prompted the Town to issue a cease-and-desist order in 2019. That same year, the Town amended its zoning ordinance, requiring all shooting ranges to operate indoors.
The Club’s subsequent appeals and challenges raised questions about lawful nonconforming use and the limits of municipal regulation over shooting ranges. The Perrys intervened in the case to protect their property rights and quality of life.
The Court’s Ruling
The Supreme Court’s decision ruled in favor of the defendant and the intervenors on every issue presented, relying heavily on arguments made by Attorneys Kirsten and O’Connell.
- Nonconforming Use: The Court ruled that the Club’s south-to-north reorientation did not qualify as a lawful nonconforming use because it was constructed without site plan approval and in violation of local zoning ordinances. Shaheen & Gordon’s attorneys argued that this illegal use could not be “grandfathered” under state law, a position the Court affirmed.
- Special Exception Application: The Court upheld the zoning board’s decision to deny the Club’s request for a special exception, affirming that such relief was not available for uses already deemed illegal under local law.
- State Preemption of Local Ordinances: Finally, the Court dismissed the Club’s argument that New Hampshire law preempted the Town’s zoning authority over shooting ranges. The Court clarified that while state law governs firearms, it does not nullify local zoning ordinances applicable to shooting ranges.
See the full opinion here.
Significance of the Decision
This ruling is a significant win for the Perrys and reinforces the right of New Hampshire property owners to seek enforcement of zoning ordinances in cases where unpermitted uses threaten their land and environment. It also confirms municipalities’ authority to regulate shooting ranges through local land use laws.
The team at Shaheen & Gordon is honored to have secured this result for our client. If you need experienced legal support, contact us today.
