Feb 9, 2006 3:18 pm US/Central
Residents File Lawsuit To Block Dog Kennel
Little Falls, Minn. (AP) ―
Residents living near the site of a proposed 600-dog breeding kennel have filed a lawsuit to block the facility, saying Morrison County failed to conduct an environmental assessment.
The lawsuit, filed Wednesday, asks the county to rescind a conditional-use permit for the kennel proposed by owner Gary McDuffee, said Marshall Tanick, an attorney for the plaintiffs.
The lawsuit asks the county to require the environmental assessment before any construction or maintenance of the proposed kennel begins.
McDuffee did not immediately return a phone message left by The Associated Press on Thursday.
The county granted the permit in January, without conducting an environmental study. County commissioners decided the review wasn't necessary because the dogs are small -- 10 to 14 pounds each -- and will produce about as much manure as eight steers, County Administrator Tim Houle has said.
After the permit was granted, an e-mail campaign was launched to stop the project.
Roger Nelson, who lives within 1,000 feet of the proposed kennel, also led a petition effort asking the county to require the environmental assessment worksheet.
The lawsuit names McDuffee, Morrison County and Harvey Block, the landowner who is selling the property to McDuffee, as defendants.
McDuffee's plan drew criticism because of its large size and because he intended to "debark" dogs kept outside. Debarking is a surgical procedure that involves removing vocal cord tissue to reduce the volume and pitch of a dog's bark.
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