In a contempt-of-court motion filed Thursday, Kitsap County again is seeking to shut down operations at Kitsap Rifle and Revolver Club's shooting range on Seabeck Highway.

The club failed to meet a court-ordered deadline of Aug. 3 for submitting a land-use application, according to documents filed with Pierce County Superior Court. In an order filed Feb. 5, Superior Court Judge Susan Serko gave the club 180 days to file for a permit to cover construction work that should have had an approved permit when the work was done about 10 years ago.

The contempt motion calls for ceasing operations at the gun range until an application is submitted for what is called a "site development activity permit." A hearing on the motion is scheduled for Aug. 26 in Pierce County.

Marcus Carter, executive officer for the gun club, said the club had been working with a professional environmental firm, Soundview Consultants, to compile information for the land-use permit. But when the club's insurance company balked at paying the firm, the work came to a halt. Now, the club is taking legal action against the insurer, he said.

Meanwhile, the club has been focused on a new county ordinance that requires a permit to operate a shooting range, and the club is tied up with two separate legal appeals.

"It is not an issue where we pooh-poohed this off," Carter said of the court order. "A lot of work has been done. Now club members are working feverishly to at least get an application filed."

Carter said he had been under the impression that the permit would need to be approved within 180 days — a time frame that was practically impossible. Now he realizes that the court order simply calls for an application to be submitted, and he believes that club volunteers will soon file that document.

The first order from Serko followed a long trial in 2010. She ordered that the shooting range essentially be shut down until the club obtained land-use permits to correct the zoning violations. The state Court of Appeals agreed with Serko that the site development was unlawful, but the court ruled that shutting down the range was not the correct remedy.

Shooting resumed pending a new ruling by Serko, although the facility was essentially shut down again until the club applied for an operational permit under the new shooting-range ordinance. That order, from Kitsap County Superior Court Judge Jay Roof, was lifted after the club applied — under protest — for the operational permit.

In the latest filing, the county's motion states: "KRRC and its counsel were present at the Feb. 5 hearing during which the order was entered. KRRC and its counsel were aware of the 180-day submittal deadline. This deadline passed on Aug. 3, 2016. Despite this, KRRC has not submitted an application for its (site development activity permit). Accordingly, KRRC intentionally violated the supplemental judgment and should be found in contempt."

The order of contempt should be issued to prevent the gun club from operating its shooting range until the land-use application is submitted, the motion states, adding that the club should be required to pay $1,950 — the cost of preparing the contempt-of-court documents.

Quoted:
Seems to me that the land use is pretty well established.

What 'development' is in question and why does it go by for 10 years without a complaint?

Here's the big one: What other developments have happened within the last 10 years that have gone un-permitted?

The city of Tacoma shut up after I pointed that out when they hassled me over my driveway.  Cite everyone or cite no one.

Quoted:
Who in the county is pushing this?  Are they elected?  Are they up for reelection this year? I'm getting really sick of this.  All I want is somewhere close where I can go  pull the trigger now and then, sight in a few things and shoot a competition when I feel like it.  Is that too much??

Kitsap Rifle and Revolver Club has been given 90 days to apply for a land-use permit to avoid a contempt-of-court ruling by a judge in Pierce County Superior Court.

Attorneys for the club and for Kitsap County appeared Friday before Judge Susan Serko, who declined to shut down the club's operations, as county attorneys had requested. The judge stated clearly, however, that she would not tolerate ongoing delays.

The club missed a 180-day deadline set by Serko's ruling in February, when she laid down conditions for the club to continue operations at its shooting range on Seabeck Highway. The Washington State Court of Appeals has since stayed some of those conditions, but the requirements related to alleged land-use violations were not appealed.

Brooks Foster, the club's attorney, told the judge that the club has done its best to meet the deadline for submitting its application for a "site development activity permit." But the club's insurance company, which has paid the club's legal costs in its lawsuit with the county, has so far declined to pay for work needed to complete the application.

The club simply does not have the financial resources on its own to pay the $158,000 it would take for site analysis, plans and other documents needed to submit a complete application, according to Foster. He said he is negotiating with the insurer, Northland Insurance Company, and will take the company to court, if necessary, to obtain coverage.

"One of the questions I have," said Serko, "is why did the club not come to the court and say this is impossible, that 180 days is too short. Why not come back to the court and say you need more time."

Foster said he advised the county's attorneys of his efforts to get Northland to commit to payment, and he asked the county attorneys to hold off on a warrant of abatement — which he thought was the county's next move. Foster said he was completely surprised by the county's contempt-of-court motion.

Christy Palmer, attorney for the county, said an abatement action is an "extreme remedy" that could require county money to remove shooting bays constructed without permits and to restore damaged wetlands. A lien could be placed on the property to recover the costs, but there is little assurance that the costs could be recovered.

Foster argued that a contempt-of-court citation is not appropriate because the club does not have the ability to perform as required by the February court order. He said the club would be willing to provide regular progress reports on efforts to get the insurance company to pay.

Serko said it appears the club wants her to "throw up my hands " and recognize that the club cannot comply with her order.

"I am not going to involve myself in a third-party insurance case," she said, adding that she would give the club 90 days to file the required permit. "If it is not done, the court would be inclined, frankly, to find contempt at that time."

In the meantime, if the county chooses to move forward with abatement of improper land-use activities on the property, that would be appropriate, Serko said.

County code states that such an application expires 90 days after the application is submitted unless it is renewed, according to county officials.

Palmer said the club could refile the application, but she declined to say what action the county might take under the ordinance that allows shooting ranges to operate only when they have an approved operating permit.

PORT ORCHARD — The Kitsap Rifle and Revolver Club won't have to immediately stop shooting at its Central Kitsap range because it has been operating without a permit, a judge ruled Thursday, as the club refiled its application for an operations permit that morning.
Attorneys for the county had asked retired Kitsap Superior Court Judge Jay Roof, who is hearing the gun club case, to order the club to cease operations after the club's pending operating permit application expired in August.

County officials had begun reviewing the application but stopped the process for 90 days to give the club time to address questions and deficiencies. The club also could have requested an extension.
The club did neither, county attorneys contend, and let the application expire so they asked Roof to shut down shooting and not let it resume until the club reapplies and has its application approved.

However, at the beginning of the hearing Thursday, club attorney Bruce Danielson said the club had refiled its application that day and included 30 pages of additional documentation.
Postponing the hearing, which in effect keeps the gun range open, Roof emphasized that the club should make a "good faith" effort to complete its operating permit application and set another court hearing for Feb. 2.

Danielson told Roof the club relies on volunteers to work on the application.
"These are untreaded waters for them, there has been some confusion and misunderstandings, we acknowledge that," Danielson said.

The latest turn in the legal saga between the range and the county centers on a county requirement, approved in 2014, that shooting ranges have an operating permit.
The club submitted an application for the permit "under protest" in March but in May the county sent a letter back to the club requesting it address questions about the application.

"There has been no communication that I am aware of" since then, Deputy Prosecutor Christy Palmer told Roof.
The operating permit is separate from a land-use permit, which the club and county have been litigating as well.

Quoted:
Wow that is surprising and fortunate.

Did the club really fail to submit an application? Or was this a case of some onerous requirements artificially preventing them from doing so?

Quoted:
At some point people will get to the point where they are finished with those that are elected and will VOTE THEM OUT.  Until then we are serfs.  Get pissed and fix the issue.  No amount of whining will do.

Kitsap Rifle and Revolver Club has been ordered to cease all shooting at its gun range on Seabeck Highway until the club obtains a permit to bring the range into compliance with county land-use regulations.

The contempt of court order, issued Friday in Pierce County Superior Court, comes after officials for the club reported that they have no money to even apply for the permit, which is needed to correct land-use violations involving clearing, grading and other construction done years ago without permits.

The gun club is still involved in a separate lawsuit regarding a new county operating permit required of shooting ranges in unincorporated Kitsap County. The club applied for that permit under protest but has not yet provided certain information requested by the county. Portions of both lawsuits are pending before the state court of appeals.