Our attorneys have filed a countersuit. The legalise is intimidating. :>)
Stacey
Tuesday, June 16, 2009
Thursday, June 11, 2009
Do lessons continue?
I've had several people ask if I am still holding lessons? Lessons WILL continue.
The lawsuit does include a request for $500 per day damages if FPTF continues operations. However, the township lawyer verbally promised our lawyer that this stipulation would not be enforced.
Let's hope not, since I don't make anywhere near that amount of money. :>)
Stacey
The lawsuit does include a request for $500 per day damages if FPTF continues operations. However, the township lawyer verbally promised our lawyer that this stipulation would not be enforced.
Let's hope not, since I don't make anywhere near that amount of money. :>)
Stacey
Monday, June 8, 2009
Monclova Township Sues FPTF - Background
This is a long story, but here's a short version.
This lawsuit has come about as a direct result of neighbors' complaints to the Monclova Township Trustees, in particular one neighbor. Many of you know that we have had multiple issues with this neighbor over the past 6 years, and have been unable to come to amicable compromises. His complaints have included noise (dog AND handler), traffic, hours of operation, infrequent delivery trucks, "strangers" in the area and more - despite this particular neighbor's daughter and wife availing themselves of our services and goods, and despite our many attempts to appease these neighbors and Monclova Township officers with changes to our business operations.
We feel we have acted reasonably and within the guidelines of the Monclova Township Zoning Resolution. We were described as a "home occupation kennel" by the Monclova Township Zoning Commission on 3/8/2004, as commissioners decided that this was the best category for our business. We were then granted a kennel setback variance by the Monclova Township Board of Zoning Appeals on 3/22/2004. In an effort to address the neighbor's complaints we have since been variously described by township officials as a Kennel, Home Occupation, Home Based Business and most lately, Commercial. And, with each informal "change" of classification we have been asked to adhere to different business parameters.
Over the years we have made repeated changes to appease our neighbors. We have moved exterior building lighting, planted greenery, and stopped using light stands in the yard to hold evening classes. We go indoors sooner and outdoors later each year. Some of you may remember when we were forced to end classes at 7 p.m. - as dictated by the Kennel description within the Monclova Township Resolution. What an ordeal that was! Most lately it has been a difficult transition from class format to a private/semi private lessons format - instituted as an effort to reduce traffic. We also cancelled Conformation classes in an effort to reduce traffic. Many can attest to my repeated requests to minimize noise. And many of you are well aware that we have intensely investigated moving FPTF to another location, yet have found it financially not feasible. We were hoping to build a larger facility at our current location and thus take all operations indoors - reducing noise. However, these plans have been put on hold pending the outcome of this litigation.
We are located within an area zoned as Agricultural/Residential. There are 2 other dog related businesses within Monclova Township that are located within A/R districts. Both offer retail services, day care and kenneling. One also offers grooming and dog training services. Both operate outside the kennel parameters within the zoning resolution, specifically in hours of operation and the offering of commercial retail and other services. We wish no ill will to these businesses, but feel it is unfair to target FPTF for closure and yet allow these other businesses to operate. Ironically, we have been told that if we did actually kennel dogs we would be within allowable guidelines. Certainly, kenneling or day care services woule result in much more traffic, noise, etc. than our current services. Our attorney is in the process of preparing a counter suit objecting to the specific targeting of FPTF for closure.
In addition, we are arguing that dog training is an allowable agricultural use as Animal Husbandry. In 1975, the Ohio Supreme Court ruled that the breeding, raising and care of dogs are considered Animal Husbandry and agricultural uses. FPTF has offered pet training, Therapy Dog training, obedience, conformation, agility and private behavioral counseling.
Many have asked me if there is a way in which they can help FPTF. Those of you working within dog-related fields will be receiving a written request. If you live within Monclova Township, please send a signed and dated letter to our lawyer (address below), supporting FPTF and complaining that the elected Monclova Township Trustees are using your tax dollars (mine, too!) for this lawsuit. If you are one of the many clients who have heard the verbal harassment from this neighbor (many shoutings of "Quiet," also shoutings of "Time to wrap it up," and "Like THAT's 5 miles per hour," and actual barking from this neighbor) please send a letter describing such harassment to our lawyer. Also, many are witnesses to this neighbor's dogs roaming within our yard and the barking from his dogs. Please describe what you have seen and heard and send it to Andy.
Mr. Andrew J. Ayers
Bahret & Associates Co., LPA
7050 Spring Meadows West Drive
Holland, OH 43528-9293
I'll keep you all posted as the case progresses.
Thanks for your support, it helps immensely.
Stacey
This lawsuit has come about as a direct result of neighbors' complaints to the Monclova Township Trustees, in particular one neighbor. Many of you know that we have had multiple issues with this neighbor over the past 6 years, and have been unable to come to amicable compromises. His complaints have included noise (dog AND handler), traffic, hours of operation, infrequent delivery trucks, "strangers" in the area and more - despite this particular neighbor's daughter and wife availing themselves of our services and goods, and despite our many attempts to appease these neighbors and Monclova Township officers with changes to our business operations.
We feel we have acted reasonably and within the guidelines of the Monclova Township Zoning Resolution. We were described as a "home occupation kennel" by the Monclova Township Zoning Commission on 3/8/2004, as commissioners decided that this was the best category for our business. We were then granted a kennel setback variance by the Monclova Township Board of Zoning Appeals on 3/22/2004. In an effort to address the neighbor's complaints we have since been variously described by township officials as a Kennel, Home Occupation, Home Based Business and most lately, Commercial. And, with each informal "change" of classification we have been asked to adhere to different business parameters.
Over the years we have made repeated changes to appease our neighbors. We have moved exterior building lighting, planted greenery, and stopped using light stands in the yard to hold evening classes. We go indoors sooner and outdoors later each year. Some of you may remember when we were forced to end classes at 7 p.m. - as dictated by the Kennel description within the Monclova Township Resolution. What an ordeal that was! Most lately it has been a difficult transition from class format to a private/semi private lessons format - instituted as an effort to reduce traffic. We also cancelled Conformation classes in an effort to reduce traffic. Many can attest to my repeated requests to minimize noise. And many of you are well aware that we have intensely investigated moving FPTF to another location, yet have found it financially not feasible. We were hoping to build a larger facility at our current location and thus take all operations indoors - reducing noise. However, these plans have been put on hold pending the outcome of this litigation.
We are located within an area zoned as Agricultural/Residential. There are 2 other dog related businesses within Monclova Township that are located within A/R districts. Both offer retail services, day care and kenneling. One also offers grooming and dog training services. Both operate outside the kennel parameters within the zoning resolution, specifically in hours of operation and the offering of commercial retail and other services. We wish no ill will to these businesses, but feel it is unfair to target FPTF for closure and yet allow these other businesses to operate. Ironically, we have been told that if we did actually kennel dogs we would be within allowable guidelines. Certainly, kenneling or day care services woule result in much more traffic, noise, etc. than our current services. Our attorney is in the process of preparing a counter suit objecting to the specific targeting of FPTF for closure.
In addition, we are arguing that dog training is an allowable agricultural use as Animal Husbandry. In 1975, the Ohio Supreme Court ruled that the breeding, raising and care of dogs are considered Animal Husbandry and agricultural uses. FPTF has offered pet training, Therapy Dog training, obedience, conformation, agility and private behavioral counseling.
Many have asked me if there is a way in which they can help FPTF. Those of you working within dog-related fields will be receiving a written request. If you live within Monclova Township, please send a signed and dated letter to our lawyer (address below), supporting FPTF and complaining that the elected Monclova Township Trustees are using your tax dollars (mine, too!) for this lawsuit. If you are one of the many clients who have heard the verbal harassment from this neighbor (many shoutings of "Quiet," also shoutings of "Time to wrap it up," and "Like THAT's 5 miles per hour," and actual barking from this neighbor) please send a letter describing such harassment to our lawyer. Also, many are witnesses to this neighbor's dogs roaming within our yard and the barking from his dogs. Please describe what you have seen and heard and send it to Andy.
Mr. Andrew J. Ayers
Bahret & Associates Co., LPA
7050 Spring Meadows West Drive
Holland, OH 43528-9293
I'll keep you all posted as the case progresses.
Thanks for your support, it helps immensely.
Stacey
Friday, June 5, 2009
Monclova Township Sues FPTF
Monclova Township has sued FPTF to cease and desist all commercial activities. I'll be using this blog to keep everyone posted as our case progresses.
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