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Legal Opinion

Goldstein v. Peacemaker Props., LLC

West Virginia Supreme Court

Decided March 15, 2019No. 17-0796Published

1Opinion of the Court

WALKER, Chief Justice:

Petitioners Ben and Diane Goldstein sued Respondents Peacemaker National Training Center, LLC, and its related entity, Peacemaker Properties, LLC, for nuisance in 2015. The Petitioners own land in Frederick County, Virginia, and they claim that noise from Respondents' nearby shooting ranges substantially and unreasonably interferes with their use and enjoyment of their rural property.

In 2017, the West Virginia Legislature amended West Virginia Code § 61-6-23 (2014) to bar nuisance claims against a shooting range if the shooting range is in compliance with local noise…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  5. Painter v. PeavyWest Virginia Supreme Court · 1994

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