CONCERNED CITIZENS OF CEDAR HEIGHTS-WOODCHUCK HILL ROAD v. DEWITT FISH AND GAME CLUB, INC.


302 A.D.2d 938 (2003)

755 N.Y.S.2d 192

CONCERNED CITIZENS OF CEDAR HEIGHTS-WOODCHUCK HILL ROAD, by Their Officers and Members, et al., Appellants, v. DEWITT FISH AND GAME CLUB, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 7, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action seeking judgment permanently enjoining defendant from using its property as a shooting range. The first cause of action alleges that defendant's shooting range constitutes a private nuisance and the second and third causes of action allege that it constitutes a public nuisance by virtue of the impulse...

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