Tuesday, February 2, 2010

Lawsuit Update

Our lawyers and the lawyer for Monclova Township are proposing a Stipulation of Facts, due in about 2 weeks. If both parties can agree upon the facts of the case, then there is a possibility for a Summary Judgement from the judge. If the judge is unable to make a decision at that time (for whatever reason - maybe the judge might like to hear directly from ourselves or other pertinent witnesses), a court date has been set for April 14, 2010.

FPTF continues in a holding pattern until the lawsuit is settled. We're no longer hosting a massage therapist and we'll hold off on all training except for the agility privates until after a court decision.

Thanks for everyone's emotional support during this difficult time.

Friday, July 31, 2009

Expert Testimony

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

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

Tuesday, June 16, 2009

Countersuit Filed

Our attorneys have filed a countersuit. The legalise is intimidating. :>)

Stacey

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

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

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.