Missouri Supreme Court affirms summary judgment obtained by FSM partner
Brad Nielsen obtained summary judgment from the Circuit Court of Gentry County, MO on a claim for injunctive relief and damages against the City of Maryville stemming from the City's operation of a gun range near the home of the plaintiff. The plaintiff pursued an appeal to the Missouri Court of Appeals, Western District, following the trial court's grant of summary judgment. After the Western District affirmed the trial court's decision, the Missouri Supreme Court accepted the matter on transfer. Nikki Cannezzaro briefed and argued the case to the Missouri Supreme Court. In addressing the plaintiff's appeal, the Missouri Supreme Court ultimately affirmed the trial court's grant of summary judgment finding that plaintiff's claims were barred by section 537.294, RSMo. which divests the Missouri courts of any authority to enter an injunction or award damages against the owner of a gun range based upon allegations of nuisance or trespass. See Goerlitz v. City of Maryville, -- S.W.3d --, 2011 WL 134198 (Mo. banc 2011).