Littleton gun store scores victory in parking lawsuit

Judge rules work can proceed on shooting range, says plaintiffs have 'other motives'

Posted 4/10/19

Triple J Armory scored a victory in a lawsuit filed by a neighboring business, after a judge ruled against a request to force the south Littleton gun store to halt construction of a shooting range on …

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Littleton gun store scores victory in parking lawsuit

Judge rules work can proceed on shooting range, says plaintiffs have 'other motives'

Posted

Triple J Armory scored a victory in a lawsuit filed by a neighboring business, after a judge ruled against a request to force the south Littleton gun store to halt construction of a shooting range on April 8.

In a five-page ruling, Arapahoe County District Judge Frederick Martinez said a lawsuit filed by RHR Investments, which owns a neighboring property, was disingenuous.

While the lawsuit alleged that Triple J has inadequate parking for its gun store and as-yet-unfinished shooting range at 8152 South Park Lane, “it is clear that RHR has other motives associated with (Triple J's) operation of a gun store and firing range at this property.”

RHR's owners, mother-and-son team Renata and Ron Lilischkes, have consistently voiced opposition to the presence of a gun range next door to their property at 8122 South Park Lane since last summer, including through emails to the South Park Owners Association and comments to Littleton City Council.

Triple J has been the target of several lawsuits and city enforcement actions since summer 2018. Numerous neighbors objected to the business moving into the South Park neighborhood, saying the location was too close to nearby schools, daycares and homes, fearing noise and safety concerns. The City of Littleton issued a stop-work order on the shooting range after owners began building it without required permits.

But Triple J's parking arrangements were approved by the City of Littleton and the South Park Owners Association, Martinez wrote, meaning “the public's interest via its mayor and city council has addressed the public's concern regarding this type of business establishment and the parking infrastructure associated with its operation.”

“During this time (Triple J) justifiably relied upon those community and governmental entities which authorized the precise conduct RHR now complains of,” Martinez wrote. “Meanwhile, (Triple J) is still paying rent, has delayed construction, and has incurred potential lost profits as a result of the delay of the shooting range's grand opening.”

RHR's concerns that Triple J customers will illegally use their parking spaces do not warrant an injunction, Martinez wrote, because RHR still has the right to have offending vehicles towed.

“However, RHR does not want to enforce this legal remedy against those who illegally park on their property,” Martinez wrote. “There is no competent evidence before this Court that other tenants will be displaced or that (Triple J) customers will disregard the posted no-parking signage…RHR has an immediately available remedy.”

Martinez did not dismiss the lawsuit, however, and wrote that RHR's allegation that Triple J breached a covenant that governs management of both neighboring properties may proceed to trial.

Triple J co-owner J.D. Murphree and the Lilischkes declined to comment, citing ongoing litigation.

However, a post on Triple J's Facebook page regarding the judge's ruling reads: “Get your guns ready, the time to shoot is getting very very close!!”

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