Newly built school Vs 45+ year old gun range
Developing story in north Texas.
A newly built middle school has had 2 instances of finding bullets striking the facilities. Just over a mile away, and pointing directly at the school property is a gun range that has been operating for over 45 years.
The school is less than a week from opening for its first year of school, and out of extreme caution has been granted a temporary injunction against the gun range to prevent them from allowing the use of firearms that have the potential to reach distances that would leave the property.
The public is decided, some feel the gun range has no responsibility to do anything since it has been there for over 45 years and the school should not have been built there because it should be obvious this is a possibility. Plus at this point there is no concrete evidence that the bullets absolutely came from the range, and could have come from someone hunting on the land between the range and the school. (I have seen it claimed, but not confirmed that the family that owns the range owns the land between the range and the school as well.)
Others say it doesn't matter how long the range has been there, it is the responsibility of the range to take appropriate actions to ensure that rounds are not able to exit the property. The school is not requesting the range close, just that it makes the necessary upgrades to the facilities to prevent rounds from exiting the range property. Whether it is a school, houses, or commercial property is irrelevant as whomever owns the land has a right to not have to worry about stray bullets from a neighboring property.
The fact that it is a school and children's safety is in question is probably what will get this resolved in an expedited fashion instead of there being a prolonged legal back and forth.
In a somewhat related incident, in 2008 an individual was target shooting a .50 Cal rifle in the area around this range (not at the range) and a stray round traveled about 5 miles and went through the roof of an RV and struck a woman in the arm inside. The RV was parked at the camping grounds outside of Texas Motor Speedway for a NASCAR race. So although it was not actually at the range this area has experienced a stray bullet striking someone in the past.
It would be interesting to get the LegalEagle's take on this.