Crooked Creek Conservation and Gun Club, Inc. v. Hamilton County North Board of Zoning Appeals

Crooked Creek Conservation and Gun Club, Inc. (the club) (plaintiff) operated a trap-and-skeet-shooting club. The club obtained a new parcel of land in Hamilton County (the county) in a district zoned for agricultural, large-lot residential, and floodplain use. A Hamilton County zoning ordinance (the ordinance) provided that gun clubs could be permitted in the zoning district as a special exception. A special exception required a showing that the exception (1) would not harm public health, safety, morals, or general welfare; (2) would not affect the use and value of surrounding properties; and (3) would be consistent with the district’s character and permitted land uses. The club applied to the Hamilton County Board of Zoning Appeals (the board) (defendant) for a special exception. At a hearing, opponents of the special exception presented evidence that the lead from trap- and skeet-shooting could harm children’s and adults’ nervous and digestive systems. The opponents also presented testimony that having a gun club in the area would take away the peace and quiet of the neighborhood and devalue the surrounding property. The county responded with evidence that the lead involved in trap- and skeet-shooting was not harmful to human health and that having a gun club in the area would not reduce surrounding property values. However, the board agreed with the opponents and denied the club’s application. The club petitioned the trial court for a writ of certiorari, and the trial court affirmed the board’s decision. The club appealed, alleging that the opponents of the exception had not presented sufficient evidence to support the board’s decision.