Opponents of a shooting range west of Whitefish on Oct. 6 failed to convince the Flathead County Board of Adjustment that the shooting facility violates zoning regulations.

Tally Bissell Neighbors Inc. earlier this year filed a zoning complaint with the county Planning Office, alleging that Bill Hayes, the Texas businessman who initiated construction of the private range, did not establish a use prior to zoning put in place in October 2007 and therefore doesn't have a nonconforming use, so the shooting range is illegal.

Even if Hayes had established a use as a shooting range, the neighbors maintain he has illegally expanded that use into a "daily nonstop organized barrage of continuous explosions," said Eric Kaplan, a Columbia Falls lawyer representing the neighborhood group.

The shooting range is located off Farm to Market Road, directly across from the Tally Lake Road turn-off.

After County Zoning Administrator Jeff Harris on Aug. 4 ruled Eyrie Shotgun Ranch did not violate zoning regulations, the neighbors appealed Harris' decision to the Board of Adjustment.

The board denied the appeal.

"My clients and I are disappointed and frustrated with the Board of Adjustment's decision," Kaplan said. "I have no doubt they did the best they could, but it was clear they were unfamiliar with the law and facts relating to this matter. They spent a lot of time trying to figure out the right way to approach the appeal and in the end simply decided to adopt the staff report.

"The staff report urged them to make some findings and reach some conclusions, which they refused to do," Kaplan said. "It was apparent they did not want to make any substantive decisions. It is also very disappointing that they paid very little attention to the evidence we presented. We spent a great deal of time in compiling credible, material evidence, which was ignored."

The neighbors can appeal the board's decision to District Court, but have not made a decision about whether to proceed with another appeal.

Neighbors earlier appealed a District Court ruling over the shooting range to the Montana Supreme Court.

They maintain the shooting range has prevented the sale of surrounding properties, startled animals and people and interfered with neighborhood business pursuits.

But Flathead District Judge Ted Lympus sided with the defendants on all counts, noting that gunshot sounds can't be considered trespassing since sound isn't a tangible thing.

State law promotes the safety and enjoyment of shooting sports by protecting the locations and investment in shooting ranges for shotgun, archery, rifle and pistol shooting. Another state policy says that if shooting ranges are used during posted hours, they don't constitute a public nuisance.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com