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Douglas Vitunac, Esquire, Collins, Brown, & Caldwell, representing the <br />Petersons, declared that the Board Meeting was not the appropriate forum to seek an override of <br />Code Enforcement's decision; such appeals go directly to Circuit Court. He revealed that Diana <br />Peterson had filed a lawsuit regarding this matter, which was in Circuit Court. Attorney Vitunac <br />provided legal definitions of a kennel; discussed County Code; and asserted that Dog Kidz was a <br />kennel, and as such, must follow Code, and keep all dogs away from the adjacent property line <br />for 75 feet. Attorney Vitunac also noted that although Ms. Blakley's attorney, Mr. LeJoie, was <br />in attendance, neither he, nor his client, had received any notice of today's meeting. <br />Discussion." <br />Chairman Bowden pointed out that this item had been placed under "Public <br />Diana Peterson, 6990 77th Street, explained how Dog Kidz was interfering <br />with the quiet enjoyment of her neighboring property, due to noise from the dogs and increased <br />traffic on the street. She believed that the neighborhood was zoned for five -acre single-family <br />ranchettes, and that it was a problem to have a booming commercial business in the middle of the <br />neighboring homes. She informed the Board that if she had known about today's meeting, her <br />neighbors and husband would also have been present. <br />County Administrator Joe Baird clarified that anyone can get on the Agenda <br />and speak on any item, no action is taken, and the County does not normally inform anyone. He <br />affirmed that this matter should be resolved by Code Enforcement. <br />County Attorney Will Collins stated that the Board did not have the <br />jurisdiction to overturn a Code Enforcement Board decision. An appeal of the Code <br />Enforcement's Final Order would have to go to Circuit Court for review of the record under <br />which Code Enforcement came to its decision. <br />25 <br />August 12, 2008 <br />