Decision may force sanctuary closure
By Amy Moss Strong, Staff Writer
Friday, September 26, 2003 |
A local dog sanctuary and adoption center may have to close its doors if a temporary injunction approved by a Coos County judge is enforced.
Tracy Brooks, operator of Pet Lodge Adoptions and Animal Sanctuary, off Beaver Creek Lane between Coos Bay and Coquille, is being sued by neighbors Louis and Grace Elbert to stop operating her business.
Brooks, who moved to the area in November 2002 with about 65 of her current 70 dogs, has since faced opposition from several neighbors who said she didn't have the appropriate permit to operate a dog kennel on the property.
Brooks applied for an after-the-fact conditional-use permit, but was denied by the county Planning Commission and the county commissioners. She has appealed the case to the state Land Use Board of Appeals.
At the same time, the Elberts filed a civil suit against Pet Lodge. Coos County Circuit Court Judge Martin Stone granted a request last week for a preliminary injunction, but attorney Adam Gould, who is assisting his father, Roger Gould, on the case, said the Elberts may not have the injunction enforced since the jury trial is so close. The trial is scheduled for Oct. 7, 8 and 9 at the Coos County Courthouse.
The dogs at Pet Lodge are kept in several fenced yards and secured with electronic fences on a 40-acre parcel in a rural area of the county. But neighbors say they've been denied the enjoyment of their land and home because of what they describe as constant barking.
Barking has gotten so bad at times the Elberts said they have had to leave to get peace and quiet, according to Gould.
The Elberts are seeking $50,000 in monetary damages and a permanent injunction, which would require Brooks to cease operating Pet Lodge on the property.
Brooks said the charges are simply not true. She said she has seen the Elberts working in their yard or making noises without her dogs reacting. They barked a lot the first couple of weeks, she said, but have since quieted down.
In addition, Pet Lodge provides a much-needed service to the community, Brooks said.
She said she's not sure if Pet Lodge will try to settle the case out of court, look for a place to relocate or stay and fight.
"I have to go to a jury trial for this?" Brooks questioned Thursday. "It's ludicrous. I have too much work to do without having to fight the county to try and stay and help them."
If the Elberts win, Brooks isn't sure what will happen to her dogs and that's what concerns her the most.
"The bottom line with me is that they don't take any dogs away," she said. "It would ruin all my work and I need to protect them."
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