The state Land Use Board of Appeals dismissed a lawsuit last week brought by opponents of a proposed gun range north of Bandon.

Last May, Gary and Jean Dorall of Pioneer, Calif., who also own a home on Seven Devils Road, filed the suit challenging the merit of an agreement between the gun range developers and Coos County.

Opponents, most of whom fear the noise generated from the gun range, proposed for Whisky Run Lane, will ruin the peace around their rural homes, hoped LUBA would dissolve the agreement forcing the county and Tioga Sports Park Association to begin anew.

But on Nov. 21, LUBA said the agreement was not a final land-use decision and, therefore, outside LUBA's jurisdiction.

Tioga's President, Bob Main, who also is the Coos County assessor, was pleased by the news.

“We have thought all along that the appeal was frivolous and intended simply for purposes of harassment,” Main said in a press release, noting he hoped the turn of events would “take the wind out of the sails” of those opposed to the shooting range.

He declined to be interviewed, preferring the comments attributed to him in the press release be used.

Opponents to the gun range contend the agreement - which calls for the “development, operation and maintenance” of the shooting range - could be construed as a final land-use decision. That worried neighbors, who believed the range developers could begin construction on the strength of the signed agreement alone - foregoing any formal public hearings on the matter.

However, LUBA said future land-use approvals still will be needed, including a conditional use permit from the county.

Tioga ran into stiff opposition in September 2005, after the Coos County Planning Commission approved a conditional use permit to develop the shooting range in 220 acres of the Coos County Forest. Within a week, county officials decided to rehear the case after nearby landowners appealed, saying they were never notified about the gun range despite its potential to greatly impact their day-to-day lives.

In March, Tioga withdrew the conditional use permit application, resulting in the cancellation of a much-anticipated public hearing.

The original stated plans for the shooting range called for 20 rifle shooting corridors (each 1,000 yards long) pistol ranges, an archery field, a black powder course, a trap shooting range, a paintball course and an RV park.

Main said in the release that Tioga “will do all that we can to mitigate any impacts associated with the shooting range,” including building berms and baffles.

Dorall said on Monday he needed to speak with neighbors before deciding what to do next.

“We are trying to work as a team in the best interest of everybody in the area,” he said.

Dorall, who said he is in favor of a shooting range, but in a less-populated area, called the signing of the agreement prior to notification of the surrounding neighbors “criminal,” adding he wants Tioga to take more time and look at alternate locations for the range.

Tioga's attorney, Andrew Stamp said Tioga likely will file for the conditional use permit within the next several months.