Zoning ordinance may force closure of kennel
By Taryn Asher
By Taryn Asher
FOREST TOWNSHIP (WJRT) - (01/16/07)--Any day now, an Otisville couple could lose their dog kennel and livelihood because of a long running dispute with Genesee County's Forest Township (Michigan).
The Burnetts bought their home and kennel back in 1993. But it wasn't until a couple of years ago they say the township told them about changes to a zoning ordinance -- changes they cannot afford to make.
Right now the Burnetts say they are running out of time and options.
"(I'm) very upset. These are basically my children. I raised them from babies," said Marilyn Burnett.
Marilyn Burnett and her husband Bud Burnett have been breeding, training and boarding German Shepherds for 40 years. They own Sandig Ufer Shepherds and have about a dozen dogs of their own.
Some dogs they show, others are certified therapy dogs the Burnetts take to schools and hospitals. But the couple recently learned they could lose their dogs.
"There goes my life," Marilyn Burnett said. "They'll be gone because that's what we do it for."
The Burnetts suspect Forest Township wants their property to support surrounding subdivision growth.
That's why they believe the township two years ago informed them about a 1996 change in the zoning ordinance and recently revoked their kennel license.
"They want us out of here," Marilyn Burnett said.
In fact, they've been been cited several times for not having a conditional use permit that would allow them to keep their kennel. But the Burnetts claim they can't get one.
According to documents from Forest Township, they would have to moved the kennel 50 feet from the property line and 150 feet from the road.
"We can't afford to," Marilyn Burnett said. "We already used up all of our resources."
"I don't know," Bud Burnett said. "It's tough because we put everything we had into the house there."
Now they say it's just a matter of time before Genesee County Animal Control will take and likely euthanize their dogs they have worked so hard to raise.
A sergeant at animal control says there's a good chance they won't have to take the dogs if they can find a place for them to go.
The Burnetts would like to appeal if they can get a lawyer to offer services for free.
We couldn't get comment from Forest Township because the township hall was closed for business Tuesday because of maintenance.
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6 comments:
If these people bought their house and put in the kennel in 1993 and the zoning ordinance changed in 1996 then they would have an "existing non-conforming use", which should be considered "grandfathered" in.
That means they can continure the use, but they cannot expand or change the use.
This is just a case of a pinheaded group of local yokels ( local government ) bullying someone 99% because they know these people cannot afford to hire an attorney to fight them.
That is an angle I don't see anyone covering very well. Local governments bullying people.
First of all, by state law, "The Michigan Dog Law of 1919", as amended, townships DO NOT have the authority to write regulations pertaining to kennels.
The Dog Law is available online at michiganlegislature.com
Sec 10 applies to kennels, which includes Sec 10b that would apply to a township writing their own kennel ordinances. This township does not have their own animal control officer and even if they did, they could only adopt an ordinance that is identical to Sec 10.
Attorney General's Opinion no 1897 January 24, 1955 , also supports this.
So why isn't anyone covering the angle of local governments bullying people like the Burnetts?
Should the township succeed and take their dogs away, I would suggest these people call Sam, because that would mean they suffered great damage and I think an attorney like Sam would take such a case as a "personal injury" case. I don't think the township would win that one.
Unfortunately, these people's lives would be destroyed before then.
These people can be considered legal, as "grandfathered in" or
the township's ordinance can be considered completely illegal.
Either way would be true and they could continure their life as they know it.
I have enjoyed reading. Nice blog.
Keep it up
I agree MDOA
Ok, been through this my self years back. Guess what, I have my kennel because the township and county already "set legal precidant" by allowing me to have my kennel for so many years before they decided to make a change of oppinion as to weather or not they wanted me to have a kennel or not.(providing you are running a clean operation and following all the laws that were in place at time you were repeatedly given a license year after year) Its so easy to get a lawyer to write a letter to the county and animal control explaining this legal right to them and threaten to sue the people" who are legally responsible" for the actions of these bafoones who try to bully their way around at non suspecting people. You see, people in pretend power get a sickness called Power control and they forget that they personally can be sued along with an entire county that allows these dishonest actions to take place. If this happens to you, dont cower in fear, now is the time to grab these bullies by the throat and let them know you are after them!!! Makes for some real interesting times to see the shoe, I mean fear on the other foot! No joke. Change your mind set and attack. Most times any type of person in charge is bluffing to some extent or another. Remember that, and your world changes forever.
Sorry it took me so long to moderate this last comment. Been sick.
Thank you so much for posting this. I wish more people would get this through their heads and quit cowering so easily.
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