Record-Journal - 06/04/2008

Blue Trail Range sued
By: George Moore, Record-Journal staff

WALLINGFORD - On the same day that the Blue Trail Range held a press conference to highlight safety improvements it has made, a lawsuit was filed in New Haven Superior Court seeking to shut it down.

As the North Branford Road business takes voluntarily steps to ease safety worries, a high-stakes legal battle is brewing between the rifle range and its opponents.

The lawsuit filed Wednesday was brought by Durham resident Pat DiNatale, the most outspoken critic of the range. The suit seeks to shut down the facility until it is deemed safe by a judge. The lawsuit is a response to at least three incidents in the last seven months in which Durham homes near the range were struck by bullets. One of the homes was DiNatale's.

While state police have not concluded where those bullets came from, DiNatale's attorney, John Williams, said it is a matter of common sense.

"You don't have to be a rocket scientist to figure out where those are coming from," Williams said.

Williams is also preparing a lawsuit against the town of Wallingford for allowing the range to shoot onto town property. That lawsuit has not yet been filed, but Williams said the agreement between the town and the range could have put others at risk. The agreement was part of a 1961 land transfer in which the range conveyed property to Wallingford for a reservoir project.

Williams, of New Haven, has experience litigating against gun ranges. He represented residents against a gun club in Ledyard who complained about bullet strikes. Williams said a court is now monitoring the club to ensure safety.

Gearing up for litigation, Blue Trail has hired a second attorney, Martha Dean of Avon. Dean successfully defended the Metacon Gun Club in Simsbury in a lawsuit brought by a land preservation society.

Blue Trail on Friday voluntarily agreed to shut down its 100- and 200-yard ranges temporarily. Both ranges face Tri-Mountain, behind which are Durham homes that have been struck by bullets. Just a few days earlier, on Memorial Day, a bullet struck a home on Tri-Mountain Road in Durham, though authorities have not concluded where it came from.

Blue Trail's press conference Wednesday highlighted a project to increase the height of the berm behind its 100-yard range.

After the press conference, Blue Trail attorney Craig Fishbein again noted that there is no proof that recent bullet strikes were caused by the range. Fishbein has suggested that the strikes could be caused by people hunting in the woods. He added, however, that the range is committed to safety and would use the temporary shutdown to make improvements.

"For us to sit here and say 'Prove it' would be inappropriate," he said.

The range has also enlarged the wooden baffles that prevent shooters in the 100-yard range from firing too high in the air. DiNatale said he is not satisfied with the improvements.

Fishbein said two gun-safety experts have visited Blue Trail this week. Blue Trail has received safety advice from the National Rifle Association, according to New Haven television station WTNH.

Fishbein said there are no plans for safety improvements at the 200-yard range, which does not have a backstop behind its targets. There is a large ditch behind the targets, which makes it difficult to construct a berm. The 200-yard range, he said, is often used by police departments as a practice area.

gmoore@record-journal.com (203) 317-2275

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