North Country Sportsman's Club v. Town of WillistonAnnotate this Case
This appeal tested the limits of a town’s authority to enforce a noise ordinance against a sport shooting range’s historically established operations. Plaintiff North Country Sportsman’s Club received multiple citations from defendant Town of Williston for allegedly violating the Town’s noise ordinance. The Club sought a declaration that under state law and the Town ordinance that the Town lacked authority to enforce the ordinance against the Club for a use consistent with its historical usage. After review, the Vermont Supreme Court agreed with the Club and reversed in part and affirmed in part, holding that the as long as the Club’s operations were consistent with its historical operation of the range, the Town could not cite the Club for violating the Town’s noise ordinance. The Town could attempt to apply its noise ordinance to shooting at the range that exceeds the Club’s historical use unless the activity was exempt pursuant to an agreement voluntarily executed between the Town and Club as to its hours of operation.