UNION COUNTY, N.C. -- Neighbors fighting the owner of a machine gun range in Wesley Chapel are waiting for a judge’s ruling, which could determine if their case moves to trial or if their lawsuit against Dr. Michael Land will be dismissed.
Both sides presented arguments in court Monday in Union County.
Forty one neighbors are plaintiffs in the civil lawsuit against Dr. Land. They claim machine gunfire is a violation of state and federal criminal law. They also claim the constant barrage of bullets constitutes negligence, nuisance, intentional infliction of emotional distress and assault.
Attorney Paul de Montesquiou represents the neighbors and says Dr. Land claimed he was protecting a business as one reason for the gunfire.
“When we questioned him carefully about his use of machine guns, he took the Fifth Amendment every time we asked him, 'Isn’t it true you are shooting these guns and only for fun and not to protect the business,'” de Montesquiou said.
“He took the Fifth Amendment and the attorney would not allow him to answer the questions, which is a strong indication that he recognized what he is doing is not only breaking the law, but it’s a crime,” he added.
Neighbors like Kathy Patterson claim the noise makes it difficult for people to sell their homes and retain a decent property values. Plus, she says, neighbors suffer from anxiety, sleep disorders and stress caused by the gunfire.
“It has caused harm,” Patterson said.
"How can you have a peaceful and quiet enjoyment of your property, (when) somebody sporadically opens up with 85 to 90 decibels of machine gunfire morning, noon and night,” de Montesquiou said.
Dr. Land is asking the judge to dismiss the lawsuit. He claims neighbors' arguments don't hold up, that his gun range is protected by law plus has all the appropriate paperwork. He’s never been charged with a crime and no one has been harmed.
"Their fatal flaw is they haven't shown a single person with any damages above and beyond anyone else in the group,” said Dr. Land’s attorney Tate Helms.
“The complaint does not allege that any bullets or debris ever left Dr. Land’s property. It does not allege anyone was ever injured by an explosion, bullet or firearm, or that Dr. Land has ever threatened anyone with his firearms,” continued Helms.
Dr. Land didn't talk after court.
A neighbor who doesn’t want to be identified says the 41 people suing Dr. Land should leave him alone.
"It's been inspected by the NRA, the police department, the sheriff's department, he's licensed. What else,” the neighbor asked.
de Montesquiou says he will appeal if the judge dismisses the lawsuit. He also plans to ask for an injunction in the next couple of months to stop the gunfire.
