Susan Ziegan plays with Quincy, her 2-year-old boxer, Dec. 26 at the Lakewood Dog Park. (West Life photo by Larry Bennet)

Court dismisses dog park lawsuit
By Ben Saylor
Rocky River
Published Jan. 2, 2008

Rocky River’s hopes to stop the noise at the Lakewood Dog Park suffered a setback Dec. 18, when the Cuyahoga County Court of Common Pleas dismissed the city’s lawsuit against Lakewood.

Judge Carolyn Friedland granted the city of Lakewood’s motion to dismiss the suit on the grounds of sovereign immunity. Sovereign immunity is a doctrine that states that a government cannot commit a legal wrong, thus making it immune from criminal or civil action. Rocky River argued that the operation of the dog park is not a governmental function and is more akin to a function such as a “public stadium, auditorium, civic or social center, exhibition hall, arts and crafts center, band or orchestra, or off-street parking facility,” according to language in Friedland’s decision. Friedland, however, agreed with Lakewood that the dog park is a governmental function, referring to the American Heritage Dictionary of the English Language’s definition of “park” as part of her reasoning.

“The operation of the Lakewood Dog Park, and any dog park for that matter, is a governmental function,” Friedland wrote in her decision.

In addition, Rocky River had alleged that sovereign immunity does not apply in the matter of the dog park because Lakewood’s conduct regarding the park has been “intentional,” and also because Rocky River has requested injunctive relief. However, Friedland cited several cases in her decision where “political subdivisions” such as the dog park are immune from intentional tort claims.

As for the injunctive relief argument, Friedland wrote, “It would be both illogical and nonsensical to conclude that the Rocky River plaintiffs could interfere with the operation of the Lakewood Dog Park because they sought only injunctive relief, rather than money damages.”

Rocky River Assistant Law Director Michael O’Shea told West Life that with any decision regarding sovereign immunity, there is an automatic right of appeal, and that the city has 30 days from the date the case was journalized (Dec. 18) to file an appeal.

“I think we have a very, very strong basis for appeal,” O’Shea told West Life. He added that it would be advantageous for Rocky River to be the appellant because the city would be able to file two briefs instead of one.

Lakewood Assistant Law Director Thomas Corrigan told West Life, “I’m sure we’re grateful for the chance to have the issue resolved in our favor. We believe the judge is correct that a dog park is a governmental function and that the city deserves to be immune from suit about its selection of a site or the operation of a dog park. We remain committed to reducing any difficulties the park creates, but some barking is bound to occur.”

O’Shea said he hoped that with a new Lakewood mayor in former Councilman-at-large Edward FitzGerald and four new members on Rocky River’s City Council that an agreement will be able to be worked out.

“Maybe folks will be able to sit down and reach a compromise,” O’Shea said. “That’s my hope, that everybody will work something out and continue to be neighborly.”