TOWN OF LEE — A Turin Road dog kennel aims to fetch unspecified financial damages for business losses in a new lawsuit against the town over long-contested permit issues.
The state Supreme Court suit by All Creatures Boarding and Grooming Facility and owner Kerry L. Casler was served last week, calling for a town response within 20 days, said attorney James Rizzo, representing Casler.
Among damages sought are "an amount in excess of the jurisdictional limits of all lower courts, and in the maximum amount which may be determined by a jury, and permitted by the court as full compensation for the injuries and damages complained of....," according to documents.
Court rules involving municipality suits prohibit listing exact damage amounts, said Rizzo. But he said the case was brought in state Supreme Court "because it appears the damages clearly exceed the monetary jurisdiction of lower courts," meaning "they are over $25,000."
The town has forwarded the suit documents to town attorney David Rapke, who will work with the Selective Insurance company and its counsel regarding a response, said Lee Supervisor John Urtz. Selective was the town’s insurance carrier when the disputed actions occurred, he explained. He remarked "it’s all part of the process," and had no further comment.
The complex dispute includes Casler’s opposition to the Town Board’s February 2011 vote to halt All Creatures’ boarding operations at 9000 Turin Road, and a re-vote in October 2011 because a tape of the February session was taped over. Casler filed notices of claim against the town after both votes, but had not sued for damages until now.
The town’s attempt to shut down boarding was put on hold by a separate state Supreme Court Article 78 proceeding that Casler filed in June 2011. That case is still pending.
All Creatures opened at Turin Road in 2008, but Lee officials have said the town issued a business permit in error. After receiving several noise complaints from nearby residents, the Town Board decided a special-use permit was needed and its 2011 votes disapproved that permit.
However, Casler’s suit argues that following the town’s original permit approval All Creatures "developed a solid client base and sound business reputation" while operating unhindered for about 2 1/2 years. It also objects to the town’s handling of noise complaints and of All Creatures’ offers to help alleviate them.
Business losses and damages that Casler’s suit says have resulted or stand to occur involve investment, revenue, reputation and relocation costs. All Creatures has opened a second site at 6572 Williams Road in Rome, and Casler said the Turin Road location is still being used to handle business overflow.
