Tally Bissell Neighbors, Inc. v. Eyrie Shotgun Ranch, 228 P.3d 1134 (Mont. Sup. 2010)

(case involves operation of private shooting range in close proximity to subdivision and elementary school; plaintiffs claim that range constitutes public and private nuisance, was an attractive nuisance, violated the Montana constitution and that court had authority to close range because it was a "clear and provable safety hazard"; public nuisance claim improperly dismissed by trial court; trial court improperly dismissed private nuisance claims; trial court improperly dismissed trespass claims and attractive nuisance claim; constitutional issue need not be decided). 

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