N.E. GA. PET RESCUE, INC. and DONALD L. GILBERT, plaintiffs v. ELBERT COUNTY, defendant

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Year Case Filed:  2005 Jurisdiction Level:  Georgia Case File Num:  05EV681J Defense Attorney:  Billy Irvan Daughtry, Jr., Elbert County Attorney Drafting Attorney:  Harvey Wasserman and Allison B. Cauthen

In this Georgia case, plaintiff ran a pet rescue out of his home. Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance.

Documents:  PDF icon pbusganegeorgiapetrescue_complaint.pdf (22.25 KB) PDF icon pbusganegeorgiapetrescue_consent_agr.pdf (13.16 KB) PDF icon pbusganegeorgiapetrescue_notice_lawsuit.pdf (12.42 KB) PDF icon pbusganegeorgiapetrescue_waiver_summons.pdf (10.82 KB)



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