SECOND ANIMAL SHELTER TO BE SUED BY LINCOLN COUNTY

By Jon Mayhew
Publisher


LINCOLNTON -- Many people are beginning to feel that Lincoln County leaders don't have anything better to do with their time than to take animal shelters in the county to court. For the second time in two months, that's exactly what is happening.


First, it was Tri County Animal Shelter in Iron Station. Now, The Carolina Scoop has learned that a lawsuit was filed against Vicki Rauch,

the owner of about 100 dogs on Petite Lane in east Lincoln. Rauch said in a telephone interview that the county must have better things to do than harassing herself and Joann Hager for barking dogs.

"We feel like we are being singled out," Rauch said.

While the county has no specific laws limiting the number of dogs a resident can have, county officials contend the number of dogs at both shelters is "excessive."

In the complaint, Taylor cited sections of the recently amended Lincoln County Animal Control Ordinance that deal with odor and noise violations related to the dogs. The complaint also alleged the dogs are kept in unsanitary conditions, violating a separate section of the animal ordinance.

Another section said the property does not conform to a permitted use in LincolnCounty's Zoning Ordinance.

Rauch said her property was grandfathered in, then later, she claims, the county said it didn't apply to her property.

"That's what the zoning administrator told me," said Rauch, adding her neighbors are complaining to "have something to complain about."

One neighbor disagrees vehemently with Rauch. Simply stepping out onto Judy Barnes' back porch tells the story.

"When you step outside on our patio and if the wind is just right, it's unbearable," said Barnes. "Sometimes, you have to pull your shirt up to your nose."

Besides the smell, Barnes said the noise is "unbelievable."

"You know how dogs are, the least little thing makes them bark," said Barnes. "Occasionaly, there may not be noise. But there's always be the smell."

Now, the case goes before a superior court judge, who will decide as to what remedy will be granted -- if any -- to the county. Citations can be issued under new laws passed Monday by county commissioners that can ratchet up enforcement fines levied by the county.

And after 28 calendar days, those fines could be costly; costly to the tune of $3,500.

Rauch will have 30 days to respond to the complaint after the day she is served.

Court records indicate a similar suit, based on noise, odor and nuisance laws, was filed May 23 against Tri-County Animal Rescue in Iron Station, which cares for approximately 400 dogs at last count, according to the owners, Joann and Doug Hager.

In a separate interview with The Carolina Scoop, Joann Hager said she's fighting the suit by suing Lincoln County.

"I've got an attorney," said Hager.

Lincoln County officials can't comment on pending litigation.

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