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N.E. Georgia Pet Rescue v. Elbert County (2005)

Plaintiff's Attorney:   Harvey Wasserman and Allison B. Cauthen

Defendant's Attorney:   Billy Irvan Daughtry, Jr., Elbert County Attorney

Topic: Kennels/Ordinances

Case File #:   05EV681J

Jurisdiction:   Georgia

Year Case Filed:   2005


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In this Georgia case, plaintiff ran a pet rescue out of his home.  Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance. 

  

SUPERIOR COURT OF ELBERT COUNTY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (pdf file - 22.25 KB)

CONSENT AGREEMENT (2005) (pdf file - 13.16 KB)

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (pdf file 12.42 KB)

NOTICE OF DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS (pdf file 13.33 KB)

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