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Neighbors sue Chandler for dog-park nuisances by Edythe Jensen - Jun. 3, 2011 11:23 AM The Arizona Republic Disgruntled neighbors of a Chandler bark park couldn't persuade the City Council to keep the dogs out, so they're taking their cause to court. The neighbors have sued the city, charging that Shawnee Bark Park near Alma School and Elliot roads is the scene of "excessive noise from dogs barking and owners yelling," "dogs attacking one another," and "offensive odors from dogs urinating and defecating." The lawsuit, filed in Maricopa County Superior Court and made public this week, wants a judge to order Chandler to stop using the site as a bark park. It's also seeking legal fees and an unspecified sum from the city for "further relief as the court deems just and proper." Efforts to contact the neighbors and their attorney, Stephen Anderson, were unsuccessful. Several city officials declined comment, citing the pending litigation. The residents' complaints are described in the suit: offensive noises and odors, parking problems, rule-breaking by dog owners and aggressive animals. Even when responsible dog owners bag their animals' waste and throw it in park trash cans, the city empties the cans only once a week and odors permeate nearby homes, according to the suit. Most of the houses near the park were built more than 25 years ago around a landscaped retention basin. In 2000 the city converted that basin to a dog park that has become increasingly popular and attracts users from outside the city. Neighbors' complaints about barking, dog waste and traffic escalated in 2009 and several pleaded with city officials to close the park. The city responded by installing electronic gates, reducing park hours and convening meetings between neighbors and park users. Last year the city purchased electronic devices designed to deter dog barking with noise that only dogs can hear. But some objected to the use of the devices and Chandler returned them to the vendor for a refund. Some of the complaining residents lived next to the site since before the park was converted for canine use but others moved in afterwards, according to the suit. However, they all claim that Chandler's continued operation of Shawnee Bark Park is decreasing property values and interfering with their enjoyment of their homes "through material annoyance, inconvenience and discomfort." The suit also says that city officials have acknowledged that building a dog park so close to houses was a bad idea. Neighbors named in the suit live in four homes along the west side the park. In an earlier notice of claim filed with the city, they had asked Chandler to pay each household $100,000 in damages. The claim was denied and no amount was specified in the lawsuit. The neighbors are: John and Rebecca Dean, William Joel Haglund and Alexandra Schindler, David T. Gordon and Wayne and Jeanne Baker. The Deans and Bakers have lived in their homes since 1984, according to the suit. Haglund moved there in 2007, years after the bark park opened, and the Gordons moved in shortly before it opened in 2000. |