An open request for expert testimony follows. Please forward to anyone who might be willing to send a letter.
Four Paws, Two Feet LLC
10010 Ramm Rd.
Monclova, OH 43542
www.fourpawstwofeet.com
Four Paws, Two Feet offers pet dog training, Therapy Dog training and performance sports training. In addition we offer private consultations regarding canine behavioral problems.
FPTF began six years ago with proper zoning variances and other permissions from the Monclova Township Trustees and the Monclova Township Zoning Commission. However, the current Monclova Township Trustees are of the opinion that our operations are not allowable uses within our agricultural zoning designation. Monclova Township has sued Four Paws, Two Feet to cease and desist in all operations. Until this matter is formally settled, we have severely trimmed our instruction, both classes and private consultations.
In a very basic summary, what follows describes our current situation:
1. Monclova Township considers our operations (training, massage, retail) to be commercial and thus not acceptable uses within our agriculturally zoned area.
2. Our response is that training should be considered “animal husbandry” and thus exempt from Township regulation. Our position is based upon a decision of the Ohio Supreme Court in 1975 that the breeding, raising and care of dogs are animal husbandry. We maintain that our training services fall within the “care” description just as day care and kenneling do. Day care and kenneling are both allowed uses within an agricultural district. We intend to show that training is as important to a dog’s quality of life as day care and kenneling services. Indeed, training will many times make the difference as to whether a dog is able to live within a home or euthanized due to behavioral problems. The massage services we offer monthly are an extension of care. The retail services (unadvertised and very minimal – essentially available to training clients only) are incidental to the operations of FPTF.
The relinquishment and/or euthanizing of dogs due to problem behaviors or lack of training are rampant problems. Would you be willing to provide your expert opinion that training is an essential element of dog care? If so, would you please send your opinion in a letter to our attorney?
Mr. Andrew J. Ayers
Bahret and Associates Co., L.P.A.
7050 Spring Meadows West Drive
Holland, OH 43528-9293
I am hopeful that this matter can be eventually settled and that Four Paws, Two Feet can continue to offer our training services. In addition to preparing dogs for Therapy Dog work and performance sports, we have helped hundreds of owners with behavior modification exercises and training designed to create peaceful relationships and resulting in dogs being able to remain in their homes.
Please don’t hesitate to contact me if I can answer any questions.
Sincerely,
Stacey Beck
borderlooney@roadrunner.com
Friday, July 31, 2009
Thursday, July 23, 2009
Lawsuit Update
I hardly know where to start....
We are finishing up (I think) the Discovery of Documents phase. Each party (we and Monclova Twnp.) has requested certain documents from each other.
The trustees are still refusing arbitration. And, after receiving documents from the Township, I actually somewhat sympathize with their positions. Our originally complaining neighbor has continued to hound the trustees with his complaints.
Our neighbor has accused us of playing "semantic games" with our change from classes to private and semi-private lessons. He has falsely assumed that we are holding "lesson sessions" at various times and in various amounts that are simply untrue. His most recent complaints also include several other falsehoods that I am simply too weary to list and rebut. As I listen to his two dogs bark, I am incredulous to read of his complaints about our dogs barking. It is clear by his correspondence that he is counting cars, people and even snapping pictures.
Obviously, this neighbor will not be able to consider this situation from any other views but his own. So perhaps settling this matter via a court of law is indeed the best route.
I am also reluctantly considering another option. The Monclova Township Solicitor has many times suggested that if we were actually kenneling dogs, much of our operations would no longer be subject to regulation as there is legal precedent that kenneling is indeed an agricultural activity and not subject to regulation within an agricultural district. Common sense tells us that if we were kenneling dogs there would be even more traffic and more noise. But, there is apparently no room for common sense in our current situation.
I have never been interested in kenneling dogs. However, I will be looking into possibly adding Day Care services if it will allow us to continue operations.
Comments? Suggestions?
Stacey
We are finishing up (I think) the Discovery of Documents phase. Each party (we and Monclova Twnp.) has requested certain documents from each other.
The trustees are still refusing arbitration. And, after receiving documents from the Township, I actually somewhat sympathize with their positions. Our originally complaining neighbor has continued to hound the trustees with his complaints.
Our neighbor has accused us of playing "semantic games" with our change from classes to private and semi-private lessons. He has falsely assumed that we are holding "lesson sessions" at various times and in various amounts that are simply untrue. His most recent complaints also include several other falsehoods that I am simply too weary to list and rebut. As I listen to his two dogs bark, I am incredulous to read of his complaints about our dogs barking. It is clear by his correspondence that he is counting cars, people and even snapping pictures.
Obviously, this neighbor will not be able to consider this situation from any other views but his own. So perhaps settling this matter via a court of law is indeed the best route.
I am also reluctantly considering another option. The Monclova Township Solicitor has many times suggested that if we were actually kenneling dogs, much of our operations would no longer be subject to regulation as there is legal precedent that kenneling is indeed an agricultural activity and not subject to regulation within an agricultural district. Common sense tells us that if we were kenneling dogs there would be even more traffic and more noise. But, there is apparently no room for common sense in our current situation.
I have never been interested in kenneling dogs. However, I will be looking into possibly adding Day Care services if it will allow us to continue operations.
Comments? Suggestions?
Stacey
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