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Orion's experts define hunting
By Braxton Williams
Daily Progress staff writer
Friday, April 22, 2005
LOVINGSTON - A part-time movie actor who helped found environmental psychology and an anti-terrorism expert who hunts birds using a trained falcon were among those who took the stand on day two of Orion Estate’s right-to-hunt trial against the Nelson County supervisors.
The definition of hunting was again up for debate. Lawyers sparred, in particular, over whether it involves activities such as sporting clays or whether the term should be defined more narrowly.
James A. Swan of California, who has acted in movies such as “Murder in the First,†with Kevin Bacon, said of his definition of hunting: “It’s chase, quite simply.â€
As an expert in “hunting psychology,†he said the sounds that would be produced by shotguns at Orion Estate “are the kinds of sounds that people would most readily accept and adapt to their environment.â€
A group of Wingina residents, some watching the three-day trial, would disagree. They played a role in the Board of Supervisors’ vote in 2004 not to allow Orion to set up a shotgun sports center on its 465-acre property in the rural area.
In addition to noise concerns, the board said the facility would conflict with the county zoning ordinance.
Orion’s lawsuit accuses the supervisors of trampling on the constitutional right to hunt.
Many of the witnesses Orion put on the stand Thursday testified in support of the company’s view that hunting includes sporting clays and the shooting of other non-living objects. Those activities are essential to hunting safety and proficiency, Orion says.
Michael Garcia, an anti-terrorism expert with the Department of Homeland Security, told the court how he trains falcons to hunt birds such as quail and pheasants. Later, an avid foxhunter called his activity hunting, even though he said he has seen only three foxes killed in 12 years.
Lawyers for the Board of Supervisors tried to use witnesses’ wide definitions of hunting to counter Orion’s argument.
John W. Zunka asked if activities such as shopping for warm clothes or improving one’s physical condition could also be called hunting, as those activities are also preparatory. He argues that hunting, as it’s defined in the dictionary and other places, involves live animals.
The trial takes an unusual turn this morning, when Orion will give a tour and hold a shooting demonstration at its property. The viewing, considered part of court proceedings, is open only to lawyers, parties in the suit and the news media.
Circuit Judge J. Michael Gamble decided Thursday that the general public should be barred because the event will involve a firearms demonstration on private property.
The proceedings will continue in the circuit courtroom afterward.
Although today is the last day of the trial, Gamble will not rule until at least June 21. The day is set aside for closing arguments, and lawyers will file written briefs through May.
Morris Peterson, Orion’s managing director, was the last to take the stand Thursday. He described his plans for creating a “sporting estate†and the importance of having activities such as sporting clays.
Without sporting clays, a relatively new shotgun activity that he said should be included in the modern definition of hunting, having a sporting estate is not feasible “because it’s almost like losing your right arm,†he said.
He accused the supervisors of dissuading him from buying property in Madison and encouraging him to stay in Nelson when looking to relocate from the old Orion facility at Oak Ridge Estate. He also bemoaned what he said have been negative rumors and misinformation about the company’s plans for the new location.
“We were accused of training al-Qaida and the Taliban,†he said.
Zunka has said Orion is merely “cloaking their land-use commercial goal with a constitutional ribbon.†It’s a land-use issue, he argues.
He also disputes Orion’s claim that the case could have far-reaching implications for hunters by setting a legal precedent.
Contact Braxton Williams at (434) 978-7267 or [email protected].
This story can be found at: http://www.dailyprogress.com/servle...icArticle&c=MGArticle&cid=1031782300472&path=
Orion's experts define hunting
By Braxton Williams
Daily Progress staff writer
Friday, April 22, 2005
LOVINGSTON - A part-time movie actor who helped found environmental psychology and an anti-terrorism expert who hunts birds using a trained falcon were among those who took the stand on day two of Orion Estate’s right-to-hunt trial against the Nelson County supervisors.
The definition of hunting was again up for debate. Lawyers sparred, in particular, over whether it involves activities such as sporting clays or whether the term should be defined more narrowly.
James A. Swan of California, who has acted in movies such as “Murder in the First,†with Kevin Bacon, said of his definition of hunting: “It’s chase, quite simply.â€
As an expert in “hunting psychology,†he said the sounds that would be produced by shotguns at Orion Estate “are the kinds of sounds that people would most readily accept and adapt to their environment.â€
A group of Wingina residents, some watching the three-day trial, would disagree. They played a role in the Board of Supervisors’ vote in 2004 not to allow Orion to set up a shotgun sports center on its 465-acre property in the rural area.
In addition to noise concerns, the board said the facility would conflict with the county zoning ordinance.
Orion’s lawsuit accuses the supervisors of trampling on the constitutional right to hunt.
Many of the witnesses Orion put on the stand Thursday testified in support of the company’s view that hunting includes sporting clays and the shooting of other non-living objects. Those activities are essential to hunting safety and proficiency, Orion says.
Michael Garcia, an anti-terrorism expert with the Department of Homeland Security, told the court how he trains falcons to hunt birds such as quail and pheasants. Later, an avid foxhunter called his activity hunting, even though he said he has seen only three foxes killed in 12 years.
Lawyers for the Board of Supervisors tried to use witnesses’ wide definitions of hunting to counter Orion’s argument.
John W. Zunka asked if activities such as shopping for warm clothes or improving one’s physical condition could also be called hunting, as those activities are also preparatory. He argues that hunting, as it’s defined in the dictionary and other places, involves live animals.
The trial takes an unusual turn this morning, when Orion will give a tour and hold a shooting demonstration at its property. The viewing, considered part of court proceedings, is open only to lawyers, parties in the suit and the news media.
Circuit Judge J. Michael Gamble decided Thursday that the general public should be barred because the event will involve a firearms demonstration on private property.
The proceedings will continue in the circuit courtroom afterward.
Although today is the last day of the trial, Gamble will not rule until at least June 21. The day is set aside for closing arguments, and lawyers will file written briefs through May.
Morris Peterson, Orion’s managing director, was the last to take the stand Thursday. He described his plans for creating a “sporting estate†and the importance of having activities such as sporting clays.
Without sporting clays, a relatively new shotgun activity that he said should be included in the modern definition of hunting, having a sporting estate is not feasible “because it’s almost like losing your right arm,†he said.
He accused the supervisors of dissuading him from buying property in Madison and encouraging him to stay in Nelson when looking to relocate from the old Orion facility at Oak Ridge Estate. He also bemoaned what he said have been negative rumors and misinformation about the company’s plans for the new location.
“We were accused of training al-Qaida and the Taliban,†he said.
Zunka has said Orion is merely “cloaking their land-use commercial goal with a constitutional ribbon.†It’s a land-use issue, he argues.
He also disputes Orion’s claim that the case could have far-reaching implications for hunters by setting a legal precedent.
Contact Braxton Williams at (434) 978-7267 or [email protected].
This story can be found at: http://www.dailyprogress.com/servle...icArticle&c=MGArticle&cid=1031782300472&path=
To be fair, Charlottesville and Albemarle County have always had a large number of very rich folks, even before the Grishams and Spaceks and Dave Matthews and such moved in.