A judge has dismissed a lawsuit by Union County residents who contend that a doctor has no legal right to fire machine guns on a homemade firing range near their properties.

Superior Court Judge Mark Klass has dismissed the case against Dr. Michael Land, according to Union County trial court coordinator Nevele Love. The judge made his decision Friday, the clerk's office said.

Kathy Patterson, one of the neighbors who filed the suit, said that while she's disappointed by the judge's decision, "without question, we'll appeal it."

Reached by phone Tuesday, Land said he expects the court order to be signed later this week or next and would not comment until then.

Paul deMontesquiou, the attorney representing roughly 40 Wesley Chapel homeowners who sued, said that while "rumors are flying around," he has received no official word about the judge's ruling.

Neighbors said that Land's gunfire made it hard for them to sell their homes, sleep soundly or hold Bible study sessions. The plaintiffs had sought an injunction to stop all shooting on Land's property.

Land's attorney, Tate Helms, said his client followed the law and had never been charged with a crime during his 20 years of shooting.

Land, a gynecologist who practices in Matthews, has said that he has taken many precautions to make his range safe. To stop the bullets, he brought in dirt, sand and railroad ties to create a 12-foot-high berm.

State law generally prohibits the use of fully automatic weapons, except among soldiers, law enforcement officers and merchants who need them for "the purpose of defending their business." The plaintiffs contend Land doesn't qualify for any of the exceptions.

Land claimed he needed a Thompson submachine gun for "protection of business," according to a 2004 permit application approved by the Union County sheriff. The weapon, known as a "Tommy gun," can fire more than 700 rounds a minute.

In applications for other machine guns, Land said they were for sport and collection.

Land bought the six-acre tract in 1991 and later built a private, recreational shooting range on the back two-thirds of his property. He began firing machine guns on the property around 1996, a few years before developers starting building Stonegate, a community of 260 homes nearby.

In recent years, many residents have complained that the machine-gun fire makes them worry about the safety of their families.

A National Rifle Association official hired by Land concluded, after examining the safety berm, that the range is "no threat to the neighborhood."

Another firearms expert hired by neighbors, however, found that the danger of stray bullets "poses an unacceptable safety hazard" to residents.