River seeks injunction against dog park
By Ben Saylor
Rocky River
Published Aug. 1, 2007

After years of resident complaints, Rocky River took legal action against Lakewood last week in an effort to shut down the city’s dog park.

Rocky River filed a request Wednesday for injunctive relief in the form of shutting down the dog park. Legal representation for both sides met last Wednesday to discuss the case with Judge Carolyn Friedland at the Cuyahoga County Court of Common Pleas. Rocky River Assistant Law Director Michael O’Shea is “taking the lead on this,” according to Law Director Andrew Bemer, and Lakewood Law Director Brian Corrigan and Assistant Law Director Thomas Corrigan are representing Lakewood. The hearing on the matter is set for Aug. 15.

Rocky River’s complaint cites several Lakewood ordinances that it says Lakewood is breaking through its continued operation of the dog park. It also includes affadavits from Michael and Carol Buddie, who live on High Parkway in Rocky River and have spoken out frequently against the park, as well as Timothy and Lynn Merriman, who also live on High Parkway.

In a statement, the Buddies said, “We don’t object to the dog park, we object to its location. The barking in the dog park is a nuisance up to 14 hours a day….The dog park must be moved.”

Both the Buddies and Merrimans, as part of their statements, include timelines of when the barking from the park was particularly severe.

Stan Austin, vice president of the Lakewood Dog Park, said on behalf of the park, “It’s unfortunate that it’s gone to this particular point.” He also pointed out that many Rocky River residents utilize the park.

In Lakewood’s pre-hearing brief and argument, it is stated that Rocky River cites “non-relevant” Lakewood ordinances and that none of the ones cited are actual noise ordinances.

Near the end of Lakewood’s statement, it reads, “In short, Plaintiffs entire case and demand for relief can be reduced a single claim, ludicrous on its face: the Lakewood Dog Park must be closed because these complainant homeowners can hear dogs barking from their property during normal daylight hours.”

The Lakewood Dog Park, located on Valley Parkway in Lakewood (near the Lakewood Wastewater Treatment Plant), opened in June of 2003, and has been the source of many complaints from Rocky River since that time. Rocky River recently asked Lakewood to temporarily shut down the park until a solution to the barking could be found. Lakewood refused and also indicated that it was not interested in the possibility of moving the park to another part of Lakewood.

Lakewood Mayor Thomas George did not respond to several calls. Rocky River Mayor Pamela Bobst declined to comment.