Two Woodbine residents suing local animal shelter

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October 28, 2009

Anonymous The Times-Tribune Wed Oct 28, 2009, 08:59 AM EDT

By Adam S. Sulfridge / Staff Writer

Two Woodbine residents are suing a local animal shelter for being a “substantial annoyance,” and Deanna Myers, director of the Knox-Whitley Animal Shelter, said even more animals than normal may have to be euthanized if the court rules against the shelter.

Myers explained that the lawsuit largely stems from an outdoor facility where dogs are sometimes kept if interior kennels are already full or if additional dogs are brought in for “holding” by a Whitley County Animal Control officer.

Myers conceded that, “During the day, our animals are on the outside while we’re cleaning the inside of the building,” but she also said those animals return to their indoor kennels shortly thereafter.

But James and Phyllis Walters, who live near the animal shelter and are the plaintiffs in the case, claim noises from the shelter have “interfered with (their) use and enjoyment” of their property. Due to the noises, the Walters say they have suffered from “severe insomnia, injury to their mental health, substantial annoyance, and a decrease in the fair market value of their property.”

They also claim: “Such nuisances have consisted of persistent barking during both day and nighttime hours due to defendant’s failure to have a soundproof walling system or an equivalent thereof.”

Myers said it would be financially difficult for the shelter to have such a soundproof system.

“We would have to actually build a new building, a concrete building for our quarantine area,” she said. Myers also explained that the shelter would be forced to euthanize more animals than normal if they are no longer allowed to keep extra animals outdoors when indoor kennels are full.

“We’ve been euthanizing more animals because of her complaints… that’s just being honest about it,” said Myers. “We’ve tried not to keep any animals in the outside quarantine area for this very problem, to be sure we don’t upset them anymore.”

According to the lawsuit, the Walters believe the shelter “by and through its employees, have engaged in intentional, negligent and/or reckless activity in so containing the animals in an outside, open barrier where barking is amplified… despite multiple informal complaints.” Furthermore, the plaintiffs state they have attempted to address their concerns with shelter representatives and that the shelter has not responded.

Myers confirmed that she and the Walters have discussed the issue previously but said she has attempted to solve the problem to its fullest extent.

“I have talked to Phyllis Walters on several different occasions, and we’ve done everything we can do to accommodate her, but we serve three counties … It’s nothing for our shelter to take in 800 animals per month,” she said.

The Walters and their attorney, Shane Romines, are seeking an injunction to prevent the shelter from housing animals in the outdoor area, compensatory damages including an amount representing the diminishment of their property’s fair market value, damages for past and future mental suffering for the extreme mental anguish they have suffered, punitive damages, and any relief that the court considers proper.

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