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Judge clears reopening of shooting range

| May 30, 2013 9:00 PM

COEUR d'ALENE (AP) - A judge has cleared the way for the Idaho Department of Fish and Game to reopen a World War II-era shooting range popular among gun enthusiasts in North Idaho but shuttered for several years because of a lawsuit.

First District Judge John Mitchell on Wednesday lifted an injunction that led to the closure of the Farragut State Park shooting range in 2007. The decision means the state agency can open doors at the range Saturday.

Dave Leptich, the agency's manager of the Farragut Wildlife Area, said gun enthusiasts are eager to take advantage of the range and its new features.

"I think the park's phone and my phone have been ringing off the hook," Leptich said. "There's a lot of interest in seeing this reopen and be available to the public."

The range was shut down after Mitchell sided with Citizens Against Range Expansion, which complained about noise and that bullets were striking homes. He also ordered the agency to improve safety for an annual range capacity of 500 shooters or less and take steps to reduce noise for more than 500 users.

But Mitchell later ruled to keep the range closed even after the agency made improvements. Last year, he declared the state's 2008 law and its built-in limits on noise levels unconstitutional, concluding the act was a "special law" and resulted in a deprivation of judicial power.

Fish and Game, which has spent more than $260,000 to make the range safer and quieter, appealed to the high court, arguing the upgrades made met standards set by the judge.

Last fall, the Idaho Supreme Court overturned Mitchell's decision.

At a Sept. 30 court hearing, Mitchell will consider allowing more than 500 visits per year.