How to Prevent Building of a Shooting Range Near a Residential Area ?
In Pacurariu v. Commonwealth, 744 A.2d 389 (Pa. Cmwlth. 2000), several petitioners filed suit in the original jurisdiction challenging the Game Commission's proposed construction of a shooting range on state game lands near their homes.
The petitioners alleged the Game Commission approved construction of the shooting range without providing residents an opportunity to be heard, in violation of the Commission's policy requiring public input in determining the feasibility of a chosen site.
In rejecting the Commission's demurrer to this claim, the Court held:
At this stage of the proceedings, we must accept the well-pleaded fact that the Commission has a policy of considering public input when deciding whether to approve construction of a shooting range on state game lands.
Such a policy is consistent with Section 328 of the Game Code (requiring Commission to implement policies to improve its relationship with the public).
Thus, we have discretion to accept the Commission's policy as binding on the Commission.
Given that fact, we cannot say the petitioners have failed to state a cause of action regarding the need for public input in this case. Id. at 395.