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Real Property
Nuisance
Trespass

Highland Fifth-Orange Partners LLC v. The Inland Fish & Game Conservation Association, et al.

Published: Sep. 5, 2009 | Result Date: Jul. 27, 2009 | Filing Date: Jan. 1, 1900 |

Case number: CIVSS704342 Bench Decision –  $2,315,020

Court

San Bernardino Superior


Attorneys

Plaintiff

Charles A. Hansen

Carl D. Ciochon


Defendant

Ben A. Eilenberg

Marlene L. Allen-Hammarlund


Facts

The defendant operates a gun club in Highland. The plaintiff owns property adjacent to the gun club. The plaintiff discovered that the defendant gun club was depositing lead shot, unknowingly done according to the defense, on plaintiff's property. Plaintiff brought suit for nuisance, trespass, and negligence. The plaintiff also alleged that defendant's unsafe operation of its rifle and pistol range posed a serious risk of harm to persons and property in the surrounding East Highlands community.

Result

The court found that defendant's operation of the rifle and pistol range constituted a nuisance, and ordered significant safety upgrades. The court awarded plaintiff $1,454,000 in clean-up costs and $861,025 for defendant's wrongful occupation of plaintiff's property.

Other Information

FILING DATE: July 31, 2007.


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