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

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