The attorney representing a 33-year Mt. Prospect resident who is being sued by the village for allegedly violating a village ordinance governing stray cats said the village's case has no merit and that a request for dismissal will be filed in Rolling Meadows court next Tuesday, June 21.
"Once we get our case dismissed, I plan on suing the village and my client's neighbors for defamation of character and interference of a quiet enjoyment of life," said Patrick Somers, attorney for Gerald Stone.
The village alleges that Stone, 305 S. Elmhurst Ave. near St. Raymond School, is caring for four to seven stray-or feral-cats, which neighbors have complained about on numerous occasions.
Somers said this issue has gone on for two years with five different neighbors "ousting" Stone. The lawsuit filed Apr. 27 by the village encompasses complaints dating back to January of this year. In total, there are five counts filed against Stone. The first revolves around cat feces.
According to the complaint, neighbors have reported that piles of cat feces have been left on their property on numerous occasions due to Stone's caring for the cats. The second count deals with pans of food allegedly sitting outside Stone's home for the cats to feast on. A third count deals with the cats allegedly roaming through nearby yards.
In addition to neighbor complaints, the lawsuit states Mt. Prospect Environmental Health Coordinator Bob Roels observed a black and white cat on Jan. 4 running through the backyards of 301 and 303 S. Elmhurst Ave. toward Stone's house.
The fourth count pertains to Stone allegedly caring for more than three cats. Village ordinance permits up to three cats per colony (group). Residents in the complaint state they have seen on numerous occasions between four to seven cats at Stone's home.
The fifth count deals with the first four counts combined allegedly violating village code.
The village is asking the court to impose a $250 fine for every day in which the alleged nuisance conditions continue. Assistant Village Manager Dave Strahl said he doubts there will be a significant fine. He said Stone is operating the cat colony under a Cook County ordinance, which he says there is no clear definition of what a nuisance entails. He said the village's ordinance is much clearer.
Somers is asking that the case be dismissed because he says the village expects Stone to bear the financial burden personally and financially based on complaints from "disgruntled" neighbors unhappy with the Animal Control Programs already mandated by the state and county.
"There are over 40 colonies in Mt. Prospect so why is the village singling out my client?" asked Somers. "I have no idea." He added that Stone does not own the feral cats as pets.
"If the village has a problem, they should sue Cook County," commented Somers.
Somers said the village does not have statutory or Home Rule authority to enact the ordinance it now claims has been violated.
According to Somers, the County Feral Cat Ordinance provides for the creation of Trap, Neuter, and Return (TNR) programs to manage the care of feral cats within Cook County. His client, he says, has been participating in this program sanctioned by the county as well as the state under the protections of that ordinance.
Somers points out the county's TNR program permits individuals like his client to maintain feral cat colonies by providing food, water, shelter and other forms of nutrition as long as Stone agrees to trap, neuter, spay, microchip, and vaccinate the cats against rabies. Somers said Stone has complied with all those requirements.
Source: http://www.journal-topics.com/news/article_482eecf4-9913-11e0-aa11-001a4bcf6878.html
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