07/28/2023
Hello, Doggie Lovers.
Yesterday I received an update of our ongoing battle with the town that was a shock to myself and my lawyer. After many weeks spent working on a legal agreement to keep our issue out of court, give us a deadline to collect the final petition signatures needed without penalty, and overall receive a tiny guarantee of safety from now until the ordinance matter would go to a vote (likely early next year), the town’s Selectboard voted against the agreement this week.
The town of Casco began this process with the first Notice of Violation in October of 2022. We filed for a Zoning Administrative Appeal which did not happen until March 2023. At the time of the Appeal Meeting, the town successfully convinced myself and my lawyer to DROP the Appeal (we would later discover the real reason why) and file instead for a Zoning Variance. Concurrently, we decided to put together a petition to update the definition of “kennel” within the town’s code.
The Zoning Variance application went in front of the Planning Board in May, where they voted to “discuss the matter at a later date.” At the following selectboard meeting, a vote passed to “pursue legal action” against Hello Doggie and me.
This pursuit of legal action ended up involving the landlords here, Migis Lodge Realty, as well—as the landowners they could be found liable for violations just as myself.
We closed in on the preliminary hearing to the court date, with only a few days beforehand, the town’s lawyer reached out to my lawyer and said that the Town would be willing to put together a legal agreement that could help all parties and avoid court. So that week, in court, all three lawyers involved told the judge that we were actively working on this agreement.
The agreement, over a month later, was signed by myself on Monday after weeks of deliberation, editing and discussion by all three parties. For the Selectboard to DENY the agreement this week throws light on the fact that though we have been acting in good faith, the town has not kept their word on a single part of this matter. For us to work this hard just for them to pull the rug out from under us, again—well, I truly cannot describe what I feel at this time.
It became obvious while working on this agreement that, had we ignored the town’s last minute suggestion and went forward with the Zoning Appeal in March, we would have had a case to sue the town under Rule 80-B. Of course, they knew this at the time and we unfortunately did not.
At this moment, however, it is up in the air if the landlords will show further support. Regardless that they are partially at fault for this issue in the first place (not knowing the zoning of the property, falsely advertising the property as commercial, not completing an official Site Plan Review with the Code Enforcement Officer) they do not want to risk potentially being fined if/when this issue goes to court. I get that, because the town would be looking for over $20k in FINES from each of us! I’m sorry, what? Yup. Even though the town is the one who gave me a permit to operate, somehow I could be found liable, as well as Migis, for the town’s mistake. So, does that mean that town officials can purposefully neglect or mislead business owners, just to turn around and collect fines from them?
There is a technicality in our lease agreement that they may accelerate the eviction process if I am “engaged in criminal activity”—and apparently continuing to operate Hello Doggie could be viewed as such. Thus, I do not know at this hour if the landlords WILL take that route. There is also the truth of the matter that, since denying so many new clients since this drama began and losing so many due to having an uncertain future, we have barely been scraping by and have been playing catch up on rent. While at first the landlords were understanding of the situation at hand, it appears that could change with the possibility they may be found liable for fines if this goes to court and a judge decides I am at fault.
Now, with all the details and facts present here, I do not know how a judge would look at us as being at fault. I have jumped through every hoop, completed everything asked of me, and have actively taken every possible avenue to solve this issue since October. The town has not relented, though.
There is another “illegal kennel” in Casco that has legitimate noise complaints against it. The complaints were presented to the town, weeks and weeks ago, and they have yet to take any action. A longterm dog care and grooming business in Casco Village has no complaints, and is a lovely organization, but is breaking the same ordinance that the town claims I am. So, out of state neighbors can make unfounded noise complaints (that they have yet to provide evidence of) and when no action is taken, send a letter to the town to share that they’ve discovered Hello Doggie’s operation at this location is against town code, and the town will immediately take action?
I would have expected more honorable and honest behavior on part of the town. Who does the town care more about—its local businesses and residents, or its part time residents? At this point, they are continuing to selectively enforce this ordinance. There are easily dozens of people in Casco who personally own enough animals to be defined as a “kennel”.
At the time of my Hello Doggie Facebook post about the issue, earlier this year, when I asked for support at the Zoning Appeal, I nearly lost my job with the Town of Casco as their backup ACO. The town Manager was livid that I was “making the town look bad” with my post and made claims that I broke some “social media policy” which I have STILL not been offered to look at or sign. My lawyer and I put too much faith and trust in the town and its procedures, while the town officials made many false claims they “wanted to help” and “wanted to see Hello Doggie stay”, while I could have been searching for another space this entire time. Instead of staying true to their word there have been games, manipulation of procedures and policies, false promises, and the sad and pathetic fact that the town still refuses to admit (even though I have the proof) that they ever granted me a permit to begin with. All of this has taken the most incredible toll on myself and Hello Doggie. And should the Town decide to fire me at this point, they are only going to hurt themselves with the retaliation and hurt their full time ACO—who has fought for years and years for an extra set of hands. I have remained in this position despite my disgust with the town only to support her as much as possible in the important, underappreciated, and incredible work that she does.
One of the saddest facts here is that the town could have elected to give me permission to operate just for the remainder of the lease I had already signed. That would have saved everyone so much time, effort, money, and sanity. Who or what has scared the town into taking the hardest possible, and most harmful route, instead of the easiest and most just one?
Now I have of course been looking for alternative spaces. I have been looking at all possible avenues for me not to sink with this ship. Because I do not know at this hour what is coming next, I must make some immediate decisions to help the situation.
-No new packages will be sold to clients for daycare or boarding. I would of course refund any partial packages in your accounts if I were to be forced to close without desirable notice.
-No new boarding reservations can be made at this time.
I am sure there is more. I have been typing for a few hours straight now. I have assured you all that I would keep you updated, and though this is not the update anyone wanted, I will always be honest and upfront. I am so tired.
Please, if you have ideas, thoughts, concerns—I want to hear them. I value each and every one of you and cannot express how important your support has been through this incredibly unfair time. With so many unknowns, please know that I am still fighting. I am feverishly angry. I am full of despair and have no faith in this town. But I won’t let any one of these people get away with this as long as it’s in my power to hold them accountable. I won’t stop at local media. Every small business owner, especially female owned, needs to be warned that there is nothing to protect them from absolute destruction on the part and at the total fault of their small town.
The petition is still active, and only needs a few dozen more Casco resident signatures. I do not know if this is even helpful to us at this time—but a push for those final signatures might help someone else if not Hello Doggie.
Sending all the love, and grateful for dogs especially on these dark days—both yours and mine. I wouldn’t have survived this long without the love of so many amazing pups!
Shannon
