Ben and Diane Goldstein v. Peacemaker Properties, et al.
Petitioners appeal the circuit court’s August 11, 2017, order awarding summary judgment to respondents in a nuisance action arising from respondents’ operation of a shooting range near petitioners’ residence. Petitioners argue that the circuit court erred in its application of West Virginia Code § 61-6-23, to eliminate the property rights of West Virginia landowners without due process of law and generally immunize shooting range operators from actions alleging nuisance. Petitioners further appeal the circuit court’s August 9, 2017, order denying their petition for attorney’s fees and request for additional discovery sanctions. Petitioners contend that the circuit court erred in finding that the discovery violations committed by respondents did not warrant sanctions under Rule 37 of the West Virginia Rules of Civil Procedure.