A judge will soon rule on a case involving alleged zoning violations at Slate Ridge, a tactical gunfighting facility in West Pawlet, following a contentious two-hour hearing Wednesday morning.
Tom Durkin, superior judge for the Environmental Division, will make a decision in February about whether Daniel Banyai, the owner of Slate Ridge, is violating the town’s zoning bylaws.
Attorneys for the town say Slate Ridge is unlawfully operating a gun range and training center in a residential area, and has not sought permits for buildings or structures on the property.
Pawlet’s bylaws state that “no building construction or land development may commence and no land or structure may be devoted to a new or changed use within the municipality without a zoning permit duly issued by the zoning administrator.”
Though Banyai holds a permit for a garage, which contains an apartment, he does not hold permits for any other structures. Attorney Merrill Bent, representing the town of Pawlet, referred to an interview with Banyai in the Granville (N.Y.) Sentinel in which he stated he has spent $1.6 million on infrastructure at the property.
Durkin requested summary briefs from both parties — a final opportunity to argue their cases — by Jan. 15. Parties will be allowed to reply to the opposing parties’ briefs by Feb. 1.
Bent plans to file a motion for emergency injunctive relief to stop activity related to the gun range and tactical training at Slate Ridge until the ruling is made. Durkin said he would give Banyai five business days to respond to the filing.
Objections and interruptions
Bent said the town has accumulated more than $11,000 in attorney’s fees, and “a lot of these fees were accrued as a result of Mr. Banyai’s purposeful efforts to delay this proceeding.”
Banyai frequently objected to statements made by Bent, Durkin and witnesses — including testimony that he solicited.
Soon after the hearing began, Banyai objected that the hearing was held over Webex, a video conferencing platform. Durkin said he had asked both parties several weeks prior whether they would agree to a virtual hearing. He concluded that the window for the viability of Banyai’s objection had passed.
When Banyai learned that a package of documents he had sent to the court had not yet arrived, he asked to postpone the hearing.
“Set another date,” Banyai said to Durkin. “I sent information under the Constitution to defend myself. If you’re unwilling to review that, or as you said, ‘it’s unfortunate,’ let’s keep going on and see what the ramifications are of me being blocked from constitutionally representing myself.”
The judge said Banyai was responsible for ensuring the timely delivery of evidence to the courthouse. His package arrived halfway through the proceeding.
Bent called John Davis, who lives across the street from Slate Ridge, to testify. Davis said he spent 13 months in Vietnam as a U.S. Marine, enabling him to discern the difference between one shooter and multiple shooters.
Banyai objected.
“We have no service record of any involvement with the military as evidence or any of the romanticizing things he said,” Banyai said.
The judge overruled, and Davis countered that he could provide documentation of his honorable discharge. When Davis described the sounds coming from Banyai’s property as “semiautomatic pistol and rifle fire,” Banyai objected again.
“Your Honor, let’s just be honest,” Banyai said. “You’re not gonna do anything for me. He just gave testimony as an expert. Come on, now. Why don’t you just say I don’t stand a chance.”
Later, after Banyai gave testimony, he refused to answer cross-examination questions from Bent.
“On what basis do you believe it’s appropriate for you to refuse to answer questions on cross examination in a civil proceeding?” Durkin asked.
“Bias, nepotism and corruption,” Banyai said. “All of what I’ve been pointing out since the inception of coming into your court.”
Durkin addressed the claim.
“I know that what we’re doing here is providing you with a fair hearing,” Durkin said. “And we’re going to proceed with that. You confuse things, and that’s unfortunate, because I think it’s hindering your ability to understand what the charges are that have been made against you, and what a viable defense could be in this case.”
“Your sarcasm only hurts you, sir,” Durkin said later. “It goes to your credibility. It’s unfortunate you cannot restrain yourself from the sarcasm, because it’s not helping your case.”
In her closing argument, Bent cited Banyai’s “abusive treatment of town officials, his flagrant violations of the ordinance and his conduct during this hearing” as reasons that he should be “subjected to financial penalties that would compel compliance with this court’s orders.”
She proposed a $100 a day fine from the time he was first issued a notice that he was in violation of the town’s bylaws in August 2019. The total penalty would exceed $45,000. She requested that the fine increase to $200 for every day the violations continue following the court’s ruling.
Neighbors disturbed, worried
Noise from the facility has disturbed many neighbors who also worry about an alleged large cache of firearms that has been described in an ATF bulletin and referenced in posts on Slate Ridge’s Facebook page. Slate Ridge often hosts trainings for members of local militias and posts anti-government sentiments on Facebook.
Trainings have continued at Slate Ridge in recent months, according to a neighbor who testified at the hearing.
On Tuesday, a post on Slate Ridge’s Facebook page showed a photo of a white SUV with a request that followers “help find this type of vehicle to shoot up and then blow up.”
Mandy Hulett, a neighbor who Bent called to testify on Wednesday, said the vehicle pictured in the post was the same model car as her 17-year-old daughter’s.
Slate Ridge previously posted a video of a shot-up car with the family’s business name, “Hulett Trucking,” written on the car door in black marker. Bullet holes pierced through the writing.
Banyai also reported Darren Marcy, a journalist for the Manchester Journal, to the Vermont State Police after he requested interviews for an article about Slate Ridge. Vermont State Police did not pursue the charges, according to an article in the Journal.
“This Predator has stalked several of us Slate Ridge family members. Please notify ‘your’ local authorities if you are feeling threatened; harassed; or unsafe,” said a post that features Marcy’s Facebook profile picture.
The page has recently distributed stickers that say “Hulett,” “Pawlet” and “VTDigger” with red superimposed with circle backlash symbols. Followers were asked to distribute them throughout the state.
