Foothills man wins gun range case

After nearly three years, David Tapscott's legal battle with the county over an underground shooting range he built on his property is finally over.

A Superior Court Judge ruled on April 23 that Tapscott does not have to post a warning sign at his residence stating the range was built without a permit and violates zoning requirements, which is what a zoning hearing officer with the county's department of development services was trying to make him do.

"I finally believe there is justice in Yuma County," said Tapscott, a former Marine from the Foothills. "The county will never admit they are wrong about anything. All they had to do was follow the original hearing officer's ruling and none of this ever would have happened."

The county had also wanted Tapscott to have the unique design elements of his range - railroad beams, sandbags and metal sheets - to be certified by a structural engineer.

"Now they can't ever come back and try to enforce any current or future building codes on it," Tapscott said.

In his nine-page decision, Superior Court Judge Andrew Gould wrote, "the hearing officer's decision was an abuse of discretion contrary to the law and not based on substantial evidence."

District 4 Supervisor Tony Reyes, who from the beginning thought the county was going too far in this case, said he was pleased with the court's decision.

"As elected officials, we are precluded from using common sense because there are procedures we have to follow," Reyes said. "But I'm glad (Tapscott) was able to get the matter resolved in his favor. I just wish it would have happened sooner."

While he is glad the issue has finally been resolved, Tapscott said the ordeal has taken a physical and emotional toll on him over the years.

"My wife and I have been put through enough from these people," said Tapscott.

Tapscott's troubles with the county began in December 2004 when the department of development services filed a complaint against him for not getting a building permit for the underground facility when he built the range in 1995.

However, Tapscott contested the complaint and argued that there was no permit requirement when he built the structure, located in the 12000 block of East 39th Street, and that a county building inspector helped with its construction.

During the past three years the matter has been argued before zoning hearing officers. In two of the three hearings, the hearing officers ruled in Tapscott's favor, but in the final hearing the county's position was supported.

It was then appealed to the county supervisors, who narrowly voted to require the sign. Tapscott's only remaining option was to appeal the decision to the Superior Court, which he eventually did.

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TIMELINE

- 1995 - County resident David Tapscott builds an underground shooting range on his property.

- December 2004 - The county's department of development services files a complaint against him for not getting a building permit.

- Feb. 1, 2005 - A hearing officer rules in Tapscott's favor and issues an order dismissing the complaint.

- Feb. 11, 2005 - The county's development services filed a notice of appeal with the Board of Supervisors, seeking to overturn the hearing officer's decision.

- March 21, 2005 - The board of supervisors remands the case back to the same hearing officer.

- April 14, 2005 - A second hearing was held before the same hearing officer, who once again ruled in Tapscott's favor.

- June 20, 2005 - The development services department appeals the hearing officer's decision again and a second hearing is held before the Board of Supervisors. The board once again remanded the case back to the hearing officer.

- July 14, 2005 - A third hearing was held before a different hearing officer who ruled that Tapscott had violated zoning ordinances for not getting a permit.

- July 25, 2005 - Tapscott then appealed the new hearing officer's decision to the Board of Supervisors, who narrowly upheld the hearing officer's decision following a 3-2 vote.

- Feb. 16, 2006 - Tapscott challenged the board's ruling and filed a complaint in Yuma County Superior Court seeking a judicial review of the board's decision.

- April 2007 - A Superior Court judge rules in Tapscott's case and dismisses the case with prejudice.