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GoogleDistrict Court Judge David Urbom ruled in favor of Daniel and Lizann Miller, who sued the city when the council denied a special exception for the Miller's kennel on their property.
The property is outside of city limits but inside the two-mile zoning jurisdiction. Zoned agricultural, kennels are allowed on the property if a special exception is granted.
Based on evidence heard at the May 15 trial, Judge Urbom agreed with the Miller's lawsuit that the decision to deny the special exception "was not supported by evidence and was therefore arbitrary and clearly wrong."
In his decision, Urbom ruled that council members Colleen Anderson and Lonnie Anderson at the Sept. 4 council meeting "did not voice any concern about any of the eight considerations contained" in city ordinances relating to special exceptions.
According to city ordinance, considerations for special exceptions include access to and from the property; off-street parking and the economic, noise, glare or odor effects on adjoining properties; refuse and service; utilities, screening and buffering; signs and exterior lighting; required yards and open spaces and general compatibility with adjacent properties and other property in the district.
Urbom said in his ruling that at the time the council member made the motion to deny the special exception, she stated that it would send the wrong message about McCook, that the city doesn't want to support puppy mills and that it would be a slap in the face to the animal shelter. The council member who seconded the motion agreed.
Judge Urbom also found, based on evidence heard at the trial from witnesses, that the dogs owned by the Millers could be heard one half of the time when witnesses drove into the Miller's driveway, prior to the construction of the kennel.
Witnesses at the trial included neighbors who testified about the barking at the Miller property.
Urbom stated in his ruling that the Miller property is in a primarily agricultural neighborhood, adjoined by farmland on the south, north and west. A cattle feedyard is west of the Miller property and across the road is the city's wastewater treatment facility.
The kennel was approved by the McCook Planning Commission on June 11, 2007.
On June 18, the council postponed action on the special exception until the Miller's obtained state and federal licenses.
The Millers could not get a license from the U.S. Department of Agricultural until the kennel was constructed, according to facts included in the judge's ruling. The kennel was done July 4 and USDA licensing was obtained in mid July.
At the Sept. 4 council meeting, the special exception was denied. At both council meetings, McCook City Manager recommended approval of the kennel.
Prior to his ruling, Urbom visited the Miller property May 28 with the plaintiff's attorney, G. Peter Burger and McCook City Attorney Nate Schneider.
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please
WHAT A TRAVESTY! A judge can't back up the Citie's own rules. They did not follow procedure when obtaining their licenses. They were to get their City approval first then the USDA. In the USDA regulations, they would approve a kennel as long as they also met City codes. They verbally told the USDA inspector that they had requested it and there was no problems. THEY LIED! As far as the noise is concerned, Yes they live in a primarily agricultural area. However, I don't hear cows barking or making loud noises keeping me awake at night and I don't think the City wastewater treatment facility makes much noise. I hope Ms. Miller rots! For what she's doing to those puppies, where she got them even is disguisting, she's NO SAINT! God help her for her treatment of these animals.
City's not Citie's
That is why we live in a DEMOCRACY.
You lost, they won---LIVE WITH IT.
Arkval
Arkval is right,LIVE WITH IT! The city is the one that violated the law (zoning reg's) not the Millers. I can't help but feel pitty for you. Your last comments are so said, my God help you. SO SAD:(
The City did not violate the zoning regs. All they did was reinforce them! The Miller's were supposed to get the Cities approval first then the USDA's. The Miller's decided to "back door" the City. They did it perfectly! The one's we should all feel sorry for is the puppies!
If there is a question on the validity of the animals, have an investigation. If there is something wrong, take steps to right it.
This has been a long drawn out affair. More questions need asked. More answers need to be given.
Real answers.
This is very clear...the kennel was approved by the Planning Commission but the exception was held until it was licensed. They built and licensed the kennel, and after all that, the city denied the exception.
"The kennel was approved by the McCook Planning Commission on June 11, 2007.
On June 18, the council postponed action on the special exception until the Miller's obtained state and federal licenses.
The Millers could not get a license from the U.S. Department of Agricultural until the kennel was constructed, according to facts included in the judge's ruling. The kennel was done July 4 and USDA licensing was obtained in mid July.
At the Sept. 4 council meeting, the special exception was denied. At both council meetings, McCook City Manager recommended approval of the kennel."
The city was clearly in the wrong.
Not to mention the quite obvious fact that a kennel is NOT a puppy mill. Prejudiced people should not be running local governments.
Puppy Mill - if you've got more dogs than you have time for and are breeding for money - THIS IS A PUPPY MILL! You can't honestly say that EVERY dog at her facility is happy! I have 3 dogs and each one of them have a different personality and they are ALL happy ALL of the time because of the love, care and interaction they receive. SHE DOESN'T DO IT! She's in it for the money. IT'S A PUPPY MILL
I agree that this is NOT a puppy mill.
I am glad that justice prevailed!
WHAT PART OF THIS DO PEOPLE DON'T UNDERSTAND? WHY DON'T PEOPLE CARE ANYMORE?
"By the formal definition, a puppy mill is a large-scale breeding operation that produces large numbers of puppies for profit. What the formal definition overlooks is that most puppy mills are inhumane in their treatment of breeding dogs and puppies."
"When you buy a puppy from a good breeder, you can expect it to be well on its' way to socialization and used to being handled and loved. Many times, the breeder will make little or no profit from the litter. When the profit motive is paramount, the need for mass-produced dogs at rock-bottom prices arises. A "business" that mass-produces dogs for a profit with minimal regard for the quality and welfare of the animals is referred to as a "puppy mill". "
Rural Citizen... give it a rest, you are not going to change the ruling of a judge. It is clear that you don't understand the above article, and it is clear that other people have tried to explain it differently to you and you don't understand. Allow me to try, although I don't think you will understand what I am going to say. THE CITY WOULD NOT APPROVE THE KENNEL UNTIL THE MILLER'S GOT THE PROPER LICENSES, IN ORDER TO DO THIS, THEY HAD TO CONSTRUCT THE KENNEL BEFORE GETTING THE CITY'S APPROVAL, WHICH THEY DID WHAT THEY WERE ASKED... TO GET LICENSES, WHICH TOOK CONSTRUCTING THE KENNEL. If the city wasn't considering allowing the Miller's to have a kennel at all from the beginning, then they should of denied it, instead of telling them to go get all of the proper liceses.
Also, I realize that you might not agree with this kind of life style for a dog, but it really isn't up to you. There are inspectors that visit these kennels quiet frequently and if they are not up to code they will shut them down.
And last but not least, Mr. and Mrs. Miller are actually very nice and wonderful people, and I don't apperciate you degrading them as you have. It sounds to me like your anger goes way beyond the dogs and this kennel. At least we know that they will be shut down if they are not up to code, which would require them to feed and water their animals. It's just too bad that the brand inspectors for cattle don't apparently check as frequently or maybe some of those cattle from the Indianola man would have lived and maybe justice would have been served.
I have seen puppy mills, where mid-size dogs are shoved into rabbit hutches stacked one atop another, with filth falling down through all the layers and gathering on top of the lowest dog. I have seen puppy mills where 15 dogs were shoved into one 4' x 6' pen, and whatever pups lived were sold...when the dogs weren't so starved that they ate them. A KENNEL IS NOTHING LIKE A PUPPY MILL, even if they happen to make a few dollars on the pups.
I have also seen dogs in back yards treated a thousand times worse than any kennel dog...starved, chained, neglected, beaten. I have seen back-yard puppies, full of worms and fleas, no shots, fed generic food - if anything. A KENNEL THAT MAKES A PROFIT MUST, as with any animal operation, TAKE CARE OF THEIR ANIMALS.
If you're going to hate puppy mills, then at least go find one. Don't blame every responsible breeder for your own prejudice.
My anger has nothing to do with the Miller's nor the City! It has everything to do with the inhumane treatment of animals. And yes, I wish the County and/or inspectors would have done more with the cattle situation. All I'm trying to do is hope that SOME people in this world still cares about the treatment of ALL animals. We need to raise more awareness of it. I also personally know the Miller's. I'm not degrading them. It's what they do and how they treat the animals that is wrong. It's NOT just the inspector's job to judge what's going on...God will decide in the end of how people treat others and his living creations.
Mrs Smith, the Miller's have over 50 dogs - this is no kennel and no way to treat a dog that you love...regardless of who you are
"Responsible dog breeders are not just breeding dogs for money. They want to promote positive characteristics in certain dog breeds. They do make money selling the puppies, but it is a much different situation and the attitude is very different from puppy mills."
If the above statement is true, then why did the Miller's get the breeding dogs from the puppy mill that was shut down in Lexington last year? They don't care about promoting positive characteristics in breeds. IT'S CALLED MONEY!
Do you have proof that the Miller's received those dogs from the former puppy mill in Lexington??? Regardless, how were they to know that the Lexington Puppy Mill was in such bad shape?? Most people/persons who are running a not so fit kennel, or "puppy mill" won't allow people to see their place, they usually meet them with the dogs somewhere else. Also, most kennels have a return policy of about a week, that gives the buyer plenty of time to take the dogs to the vet if they feel that they are in poor health, although most responsible kennels have a vet come to their place frequently to check their dogs and puppies before being sold, so "If" the Miller's received their dogs from that place they apparently were in decent health or I am sure they would have returned them and apparently they came to a better place then the one they were at.
BKE504 you're wrong. I do have proof...ask the USDA inspector for the State of Nebraska. The only reason why the Miller's got those already breeding dogs from the puppy mill owner was because they were of the healthiest to continue breeding. The other's were confiscated during a raid the week later. They may be in a better place now but the point is...they aren't doing it for the love of the breed - they are doing it for money and THAT's why they are no different!
"I also personally know the Miller's. I'm not degrading them". (rural citizen)
"I hope Ms. Miller rots! For what she's doing to those puppies, where she got them even is disguisting, she's NO SAINT!" (rural citizen)
Someone need to get their story staight??
Rural Citizen- I love how you keep bringing up how the Millers will have to wait till they meet God and see how they have treated His animals. Well you are correct. The Millers treat each one of their animals with love. They know them each by name and the animals know their names. They are fed well and cared for. Hours are spent with them. There are more hours put with them then most of us spend with 1 or 2 animals.
Know as you said about being judged by God remeber that we should love one another and this is one of the greatest commandments of all. This is said by Jesus himself in the New Testament. So please love all and calm down.
You also say how a small breeder (sorry the definition that you are giving is anyone who has a boy or a girl dog and has pups is a breeder) is not in it for the money. I would like you to call a local broker and sell a pup. You will receive about 1/2 what some one who only has one dog and sells them on the streets. They are the ones making the money.
Also you keep standing up for the poor human society. Do you know that in most cities the human societies sell their animals for more then a pet store. They also will call looking for pups to sell. Now I am all for the Animal Shelter, they do a great service to the society but each city is different just as each breeder is different.
Also- where they got those dogs. I believe they did the same thing that the animal shelters did a couple of months ago. They went and RESCUED some dogs that were not being treated correctly. They have a been nursed to great health and are loved. More than they ever thought was possible.
Also most Dog Breeders put their dogs first. Most of these people make sure that their animals have air and heat water and food before themselves. They put the dogs first because they can not talk and tell you what is wrong. So you have to step in and help them.
Finallhy most breeders do not allow people around their buildings due to disease control. Their animals are vaccinated and check by vets regularly. They can not afford for some one to walk in with something on their feet and spread. It is for the animals sake that they do this.
In closing, I wish to say that the Millers are great people and do many things for this community. I also wish that they could get your name rural citizen and slap you with a slander suit. You have no respect for others and need to be told that you are not God only God himself can judge people so let him do his job and you do your earthly job. Thank you
I have no disrespect for the Millers. I, too, know them quite well. I just wish that NO animal would have to be caged and bred for money. There are enough out there in the world that don't have homes that need them. I'm an animal lover and there are many other ways to make money. I just feel sorry for them. Sorry for wanting making my point also. Have a good day.
I am disappointed to hear the way people are judging all dog breeders in general. Not all dog breeders are evil people who abuse their animals. Some breeders consider their animals part of their family and treat them that way. I am not saying that there aren't any bad breeders, I am just saying that you are putting somebody elses mistakes on dog breeders everywhere. I could say the same thing about any other profession. I could go to a doctor who was terrible, so should I say that all doctors are terrible doctors and that they all treat their patients terrible and should all be gotten rid of??
And on another note, how many people who have dogs got them at the humane society. I see people everywhere with pure bred dogs that paid hundreds of dollars for them. So if you are saying that all dog breeders are bad stop promoting them.
Here I am apologizing to all for writing down my thoughts. I do not wish harm or disrespect towards the Miller's or anyone else. I don't have to like what they are doing and have the right to say (this is still a free country?), but wish no harm. I just feel sorry for all animals who have to be caged and bred for money. We need to love and care for all God's creatures. Maybe converting to an animal rescue would be the way to go?Thank you.
It would be nice if people could keep 50 dogs uncaged, and without producing an income, but most of us aren't independently wealthy. From what I now understand, the Millers not only built and licensed a good kennel, they actually rescued their dogs. Yet those who blindly prejudge still find fault.
Maybe someone can show me exactly where the Bible says that a responsible animal owner can't make a profit from those animals. It seems to me that an awful lot of the "success" stories in the Bible are people who bred and raised animals to make their fortune.
Many posts_Wow! SP11V is in awe here never having never witnessed neighbors and business community, so intimately.
Aside from the relevance of Judge Urbom's decision; it was based on evidence heard at the May 15 trial.
The Miller's lawsuit appears to have specifically targeted the Mccook councils decision to so haphazardly utilize the special exception (now you know). Quite simply, "It was not supported by evidence and was therefore arbitrary and clearly wrong."
The council would have been wise to voice any single concern about the eight considerations in city ordinances relating to special exceptions.
I cant help but express empathy for all involved who unnnecesarily sustained substantial economic loss.
Thanks to the MDG for providing this teriffic site.
I now come to you all with the other side of the story of Mrs. LizAnn Fortin Miller. I have done Irish Setter Rescue for 25 years and have had to rescue many dogs bred by 'Ms. LizAnn'. That is how I knew to follow this story. In fact as I write this I have one of her pups in rescue in my home that was sold through North Washington Street Kennel in Denver. I have the dog's paperwork to prove the record. We have tried to track Ms. LizAnn down for years to get her to take responsibility for her pups but she keeps 'Moving On' and 'Staying Low'. Try searching her through Google under Fortin or Miller, she doesn't want any one to find her. I will also tell you as a member of the Irish Setter Club of America and 25 years of working with IS her pups are of very poor quality and health for the breed.
An additional fact, when that property was purchased she was married to Jeff Fortin. Please go to the following link to see what he is up to these days.
http://cbs4denver.com/crime/pet.store.ch...
A responsible breeder does not breed multiple litters of several breeds a year. A responsible breeder does not sell their pups through Pet Stores. A responsible breeder is there to take back their pups if they do not work out in their new homes or if there is a health problem. A responsible breeder sells their pups with a contract to back health and temperament and is there to help their puppy buyers through any problems.
To respond to another comment left on this page concerning shelters looking for dogs to adopt out -- what a mis-informed person this is. I volunteer at the shelter in York, NE. We are overloaded with dogs this year more than we ever had. Being a member of the Nebraska Rescue List this is the case in most of the NE shelters. Do you all realize how many dogs and cats are put down each day due to careless dog owners and people like the Millers.????
For those of you who have commented that you know Ms. LizAnn personally, I will now publicly give you my contact information. Please tell her one of her pups has been in rescue in my home since March, (not even counting all of the others I have rescued). Please ask her to contact me and take back her pup and by the way she needs to also pay me for all of the love, food, health care, and boarding I have done for her as she received the money for that pup, I didn't. Just see what a responsible breeder she is when you tell her that.
PS - Thank you McCook City Council for your ruling. You didn't win but I now know how to contact her when I continue to get her pups into rescue.
Susan Murphy
402-362-0276
redscent.co@att.net
Rescue Coordinator
Irish Setter Club of America, IA, MO, NE
Irish Setter Club of Colorado
York, NE.