A friend of mine is in an awful predicament. He has lived on his property for - it seems like forever now. Along comes a guy and decides to build a bed and breakfast next to his property. Jeff owns coonhounds. I know this is a beagle board, but when it comes to hounds we should all stick together....anyways, his coondogs are on the other end of his property atleast a good 3/4 mile away from the bed and breakfast.
This guy is suing Jeff because he said that the dogs barking has ruined his business (which is still fairly new). Jeff makes a decent income but doesn't have the resources or extra money to be spending it on lawyers fees or a trial. This guy flat out said to Jeff that he has money and would continue with the trial in order to hurt Jeff's financial situation, seems like now with trial costs and lawyers fees this is going to be well above $20,000....
This guys has sued another guy in the same county over this similar issue and didn't win that lawsuit. But he still won, because he put a real hurtin' on a poor old guy with little income....made him sell a lot of his property and other belongings.
Who does this guy think he is? How awful to be put in such a situation. Jeff's dogs are clearly far enough from the Bed and Breakfast, you wouldn't even know they were there and they don't bark enough to be annoying.
The trial is scheduled for later this month, and I believe there's going to be an article about it in Full Cry. eventually...I'll try to keep everyone updated.
Jeff has set up an account strictly for lawyer and trial fees. And our beagle/coon club is helping him out as well as some of the fellow houndsmen in his county. Also any moneys left over in this account will not go into Jeff's pocket. It is going to another fund that helps other Hunter's Rights patrons.
Does anyone have any other suggestions? Isn't there a way he can get back at some who keeps suing people "privelous lawsuits" or something like that. Thanks
Stuck in an awful situation.
Moderators: Pike Ridge Beagles, Aaron Bartlett
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MasonsBeagles
Yes
Sue,
I am not a lawyer but there are laws against harrassment. Tell your friend to contact several lawyers around the area. One will be an avid hunter and will take the case. He can sue for harrassment lawyer can collect his fees from the verdict. Especially with what the guy has told you. Another thing post the Bed and Breakfast address and get everyone to send a letter stating that his accomidations will not be utilized. There are alot of people in the hound world that several hundred letters would go along way. Especially if it was placed into the city paper. THat would be the best approach also these little places get most of their business through word of mouth. If you have a contact at the local paper go to them and get them to do a story on this the guy will find out quick that he is not welcome in the town. I believe the dogs have squatters rights
I am not a lawyer but there are laws against harrassment. Tell your friend to contact several lawyers around the area. One will be an avid hunter and will take the case. He can sue for harrassment lawyer can collect his fees from the verdict. Especially with what the guy has told you. Another thing post the Bed and Breakfast address and get everyone to send a letter stating that his accomidations will not be utilized. There are alot of people in the hound world that several hundred letters would go along way. Especially if it was placed into the city paper. THat would be the best approach also these little places get most of their business through word of mouth. If you have a contact at the local paper go to them and get them to do a story on this the guy will find out quick that he is not welcome in the town. I believe the dogs have squatters rights
I've been trying to find the ordinance here in Indpls. and can't find it, but a realtor told me that if a person buys a home next door to a posted kennel or it has been formally made clear the the residence has dogs, that they can't sue them down the road. In other words, it is the buyer's responsibility before he buys a property to check out the neighbors and surrounding properties for conditions he can't live with. If he knows there is a posted kennel next door and buys anyway, he loses his right to complain about it unless the said kennel is breaking a law.
That's poorly worded by me, but I believe the gist of it falls in vein with what MasonsBeagles is saying about squatter's rights.
That's poorly worded by me, but I believe the gist of it falls in vein with what MasonsBeagles is saying about squatter's rights.
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MasonsBeagles
Nicely Said
Bev,
It has to be right. THis is america. Squatters Rights was the only thing I could think.
It has to be right. THis is america. Squatters Rights was the only thing I could think.
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Andy and Gretchen Smith
- Posts: 29
- Joined: Thu Nov 07, 2002 9:19 am
- Location: indianapolis, in
BEV, if I buy the house next to yours here in Marion County and your dogs disturb me by barking I can file a greivance against you with Marion County Animal Care and Control and if I am willing to testify in court against you, you will be taken to court. If after three incidents (appearance in court) you could have your dogs taken from you by court order. That is one of the biggest arguements we have right now with all the new housing additions in this county. You can research it on Indygov.org under animal regulations, it's 531-204. Now of course if I buy the house next to you and happen to have 9 mean good for nothing loud mouth kids you can't do a thing other than move. By the way, WELCOME TO AMERICA.
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AlabamaSwamper
- Posts: 810
- Joined: Mon Mar 10, 2003 7:06 pm
- Location: Florence, AL
- Contact:
THere are ways to take care of him and his business but it may cost you alot more. SOme folks are just darn stupid and greedy. I agree that he should be able to find a lawyer that hunts and might help him out some.
"No stronger bond exist than that between a man and his dog."
Link to RabbitDawg board. (Old Southernbeagles board)
http://www.excoboard.com/exco/index.php?boardid=6643
Link to RabbitDawg board. (Old Southernbeagles board)
http://www.excoboard.com/exco/index.php?boardid=6643
Andy, I guess I'm lucky. The guy behind us has called a few times, and each time the AC comes out they find nothing but quiet dogs with adequate care and housing and current health certs. Of course, he calls and says we have 30+ dogs with no food, water to get them out here. Obviously he's too chicken to file a formal grievance.
As far as the housing additions popping up everywhere, remember that the next time you go to vote. Bart Peterson was and still is partners in some land developing companies. I want to vomit every time I see another tan, vinyl-sided, "looks-like-a-monopoly-game board" community go up where there used to be a field - knowing there are perfectly good, better-built pre-existing homes a block away that will sit empty. I think it's cruel how they will literally wrap a housing community around one pre-existing home and put a house right in the guy's back yard.
As far as the housing additions popping up everywhere, remember that the next time you go to vote. Bart Peterson was and still is partners in some land developing companies. I want to vomit every time I see another tan, vinyl-sided, "looks-like-a-monopoly-game board" community go up where there used to be a field - knowing there are perfectly good, better-built pre-existing homes a block away that will sit empty. I think it's cruel how they will literally wrap a housing community around one pre-existing home and put a house right in the guy's back yard.
I am going to be in the same situation soon with houses being built behind by property this summer.
I will post my property as having a Kennel.
My neighbor was taken to court for her one dog barking and the Judge through the case out of court. (She presented her own case without a Lawyer.)
This is just one case out of many where unless you are not treating your dogs right and animal control testifies you are following certain guidelines the court will be in your favor 99% of the time.
The person just needs to go to court without spending a lot of Money on a Lawyer and present his case in front of the Judge.
I will post my property as having a Kennel.
My neighbor was taken to court for her one dog barking and the Judge through the case out of court. (She presented her own case without a Lawyer.)
This is just one case out of many where unless you are not treating your dogs right and animal control testifies you are following certain guidelines the court will be in your favor 99% of the time.
The person just needs to go to court without spending a lot of Money on a Lawyer and present his case in front of the Judge.
I belive that the key here is wether he has his kennel registered or licenced with the proper agency where you live. And as far as the posted part I can't say. I live in CT where houses are everywhere.And poping up where you would have thought not possibel. Recentely a long time friend ran into the same problem. But her kennel was licenced and what the perspective home owner was told was that she was grandfathered because she was there first and she would have to live with it. He also has a solution Most kennels here have a distancevarience for a buffer zone and if within the buffer they don't have a leg to stand on. The original post said that he kept his hounds at the far end of his property it sounds as if they are closer to the guys bed and breackfast than to his own house he could simply move them more toward the center of his property. He should check into the regulations (if he already hasn't ) to make sure he is within them. I wish him luck and I hope after he wins he should counter sue for all damages this will include lawyers fees court costs time lost from work etc.
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Guest
If I were a lawyer I would take this case for free, just to prove the point that the guy can't win because he has money. If anybody who reads this board is a lawyer, I encourage them to help this gentleman out, or put him in contact with a lawyer in his area that would be willling to help. If I were in his situation, I would represent myself as was already mentioned. I believe he has a strong case.
I'm a realtor in Ohio. Not a lawyer though. The main problem here is the guy with the bed and breakfast has filed a civil suit against the fellow with the dogs. Citing the dogs have ruined his business. However, I didn't see anywhere where any criminal charges have been filed or where he has been convicted of violating any ordinances. Seems like that would make for a good defense against the guy with the B & B in itself. Unfortunately he is still going to have to defend himself in court. I would definately file a counter suit to cover the costs of my defense. Without the countersuit I don't think the judge can even force the guy with the B & B to cover the defendants costs if the defendent wins. But with the counter suit filed the judge can make him pay.
I would bash the business at every possible oppurtunity, picket in front of it, put press releases in the paper, dig up dirt on the owner and send it to the press, whatever I could do legally to make sure he's filing bankruptcy on it soon.
Orrrrr, You could just drag him out of their and kick the crap out of him for about an hour!!! That would probably work too!
I would bash the business at every possible oppurtunity, picket in front of it, put press releases in the paper, dig up dirt on the owner and send it to the press, whatever I could do legally to make sure he's filing bankruptcy on it soon.
Orrrrr, You could just drag him out of their and kick the crap out of him for about an hour!!! That would probably work too!
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Sue
I will try to find out more, just to let everyone know what's going on.
To be exact the kennel is on the other side of the property at least 8/10's of a mile away from the B & B. Jeff plans on countersuing. And the county he lives in is Morgan County, Ohio. He pretty much lives way out in the country.
Like I said I'll keep everyone updated...
To be exact the kennel is on the other side of the property at least 8/10's of a mile away from the B & B. Jeff plans on countersuing. And the county he lives in is Morgan County, Ohio. He pretty much lives way out in the country.
Like I said I'll keep everyone updated...
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trackerred