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MARYVILLE, MO (2011-01-12) A former Maryville resident loses her suit against the city in the state supreme court.
Kate Goerlitz sued the city claiming she was suffering noise and nuisance from the city's nearby firing range which Maryville Public Safety uses for practice. The case against the city went all the way to the state supreme court in September. Now, the justices agreed that a state statute specifically bans courts from deciding damages against shooting range cases in claims of trespass. Moreover, the court found that Goerlitz failed to even prove that stray bullets ever made it to her property couldn't produce any city bullets on her property, nor did she show any damage to her personal property made by the city's bullets. The justices do note that Missouri law as is written gives virtually no protection to residents against owners and users of gun ranges, unless they or their property is actually struck by a bullet. The state's high court says a lower court's ruling that she ahs no case against the city of Maryville will stand.
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