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Missouri justices reject gun club's appeal

By Kathy Woods | Jan 5, 2010

JEFFERSON CITY, Mo. (Legal Newsline)-A Missouri couple who filed a nuisance lawsuit against Cedar Creek Rod and Gun Club, and won a judgment of $700,000, will get to keep their award.

The Missouri Supreme Court denied the club's appeal late last month.
At trial in 2007, Daniel and Donna Brown alleged that the club had severely impaired their family's ability to enjoy their home.

An assessor presented evidence in court that the Brown's home had lost between $184,800 and $201,600 of its estimated rental value over the 14 years since the gun club opened.

After a three-day trial, the jury awarded the couple $700,000 for emotional distress and calculated loss of their home's value.

An appeals court later upheld that verdict. The case has been remanded to Boone County Circuit Court, which still must decide who is responsible for paying the Browns.

The question is especially complicated since the Cedar Creek gun club was dissolved in August 2008 and replaced by Prairie Grove Shooting Sports Inc., which leases the property from a third party.

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