Big Darby Creek Shooting Range, LLC

*** Attention: Update 12/27/2010 ***

Big Darby Creek Shooting Range Asks Court to Resume Live Fire, with Range Improvements

UPDATE 12/27/2010: Please read this letter (PDF) from the President of Big Darby Creek Shooting Range!

UPDATE 12/10/2010: On December 7, 2010, oral arguments were heard in the case of Battelle Memorial Institute vs. Big Darby Creek Shooting Range, LLC, 12th Appellate District Case No. CVH 20100017, in the 12th District Court of Appeals, located in Middletown, Ohio. The three judge panel consisted of Judges Stephen Powell, Robert Ringland and Robert Hendrickson. The purpose of the appellate argument was to give the three judge panel an opportunity to question counsel from both sides on the arguments raised in the Briefs which were submitted a little over one month ago. The appeal is from a preliminary injunction entered by Judge Robert Nichols of the Madison County Court of Common Pleas on July 29, 2010, which has had the effect of completely shutting down the Big Darby Creek Range since the day the Order was entered. The appeal also encompasses Judge Nichols' subsequent Order of September 3, 2010, which refused the Range's request to reopen, despite Big Darby Creek Range's submission of a Range Modification Plan, which was a plan voluntarily submitted by the Big Darby Creek Range to exceed all applicable Ohio and NRA Source Book standards.

Attorney Martin Galvin, arguing for the Big Darby Creek Range, emphasized that the uncontradicted testimony at the preliminary injunction hearing was that Big Darby Creek Range was already in compliance with the NRA Source Book, which surpasses what is required by Ohio law. Relevant in this respect, Attorney Galvin pointed out that Kevin Nichols, the leading spokesperson for the Ohio Department of Natural Resources, Division of Wildlife, on all shooting issues, testified that the Range was in full compliance with Ohio law at the time of the hearing.

Attorney Galvin also pointed out that the only evidence put forth by Battelle relating to the issue of whether any bullet from the Range ever entered their property was from a witness who readily admitted to the trial court that he was not an expert in ballistics. Additionally, Battelle's position was contradicted by a report prepared by the Ohio Bureau of Criminal Investigations and Identification, which report was not admitted into evidence by Judge Nichols, despite strenuous objections from Big Darby Creek Shooting Range's attorneys.

An opinion will likely be forthcoming from the 12th District Court of Appeals in the next four to five weeks.

UPDATE 11/14/2010: Battelle filed their own Merit Breif (Part 1 and Part 2) in the case, and our attorneys have already filed our Reply Brief. The case is set to proceed with a hearing before the 12th District Court of Appeals which has been scheduled for December 7, 2010 at 10:00AM.

We appreciate the support we have received from the members, the public and others and we would like to encourage any of you that can make it to come to the hearing and show your support.

The 12th District Court of Appeals is located at 1001 Reinartz Blvd, Middletown, OH 45042. Driving directions can be found here.

UPDATE 10/11/2010: The 12th District Court of Appeals has agreed to place this matter on an expedited briefing and oral argument schedule, which will likely result in an earlier determination. Our attorneys filed our Merit Brief on September 30, 2010. Battelle's response is due on October 19, 2010. Also, our attorneys continue to reach out to Battelle, but without much, if any, response. We would simply like Battelle to provide some response to the proposed modications/improvements we provided them almost two months ago. Their failure to do so is frustrating.

West Jefferson, Ohio - Big Darby Creek Shooting Range, LLC, (Big Darby), a membership based, public shooting range, training facility and federally licensed gun dealer has had all live-fire shooting activities suspended since June 14, 2010, when the Madison County Common Pleas Court ordered a general cease fire, based on a civil nuisance complaint filed by Battelle Memorial Institute. This order was issued by the Court without hearing from Big Darby’s counsel in what is known as an “ex parte” temporary restraining order hearing, due to Battelle’s claims that bullets were escaping the Big Darby berms over one mile away and landing on its “High Energy Research Laboratory Area” and other property, east of SR 142. At all times, Big Darby has denied these allegations.

On July 29, 2010, the Court converted its restraining order to a preliminary injunction, which continued the cease fire, until a final trial on the merits. The preliminary injunction required Big Darby to demonstrate certain improvements to the range prior to resuming operations. Big Darby continues to deny that any proof has shown that it is responsible for any errant rounds striking Battelle. However, Big Darby has been willing to make range improvements to increase safety margins. On August 17^th, Big Darby filed notice of detailed engineering plans and drawings, along with revised range safety protocols for the Court’s information and these plans were served on Battelle’s lawyers, to obtain approval for the shooting to resume.

Since no response from Battelle has been forthcoming, Big Darby has now appealed to the Twelfth District Court of Appeals in Middletown, Ohio, asking a three judge panel to review the Common Pleas Court’s decision closing the range. Big Darby has also asked the Common Please judge to lift the injunction pending a decision on the appeal, if the safety improvements are implemented, and this motion is still pending. Certain details of the case can be located at the Madison County Clerk of Court’s web site at: <http://www.co.madison.oh.us/10185.html> and searching under online records for “Battelle” and then clicking on the docket link under each 2010 case listed. The public court file can be accessed at the Courthouse, 1 North Main, 2^nd Floor, London, Ohio 43140. As of today, Big Darby is waiting on the Common Pleas judge’s and Court of Appeals ruling on the stay of the injunction.

Big Darby is appreciative of the support of its members, the public and others who have called, e-mailed and/or stopped by during this time. Further, the Big Darby pro-shop and gun dealership continue to be open and we encourage members and the public to stop by and show their support.

Please visit our web site frequently for updates and hours of operation of the pro-shop. Legal counsel for Big Darby in these matters are Michael R. Moran of Gahanna and Frank Leonetti, Esq. of the Reminger firm in Cleveland, Ohio.

####

Big Darby Creek Shooting Range, LLC is a full service shooting range, pro-shop, retail and training center. Located on 100+ acres in West Jefferson, Ohio, the range offers twenty-eight 50 yard outdoor (covered) shooting lanes, four-position 300 yard rifle range and three 20 yard by 30 yard "action shooting" bays as well as a classroom building and retail shop.

Training class, match and event calendar is now online!

The range is open to the public, but we also offer annual memberships for organizations, individuals and families. Membership benefits include (but are not limited to):

Discounted range fees
Retail store discount
Discounted FFL transfer fees
Discount on training class enrollment fees

We are now accepting membership applications!
Download and fill-out the form (PDF) and bring it with you on your next visit.

We are an authorized dealer for: