When the battle of the bog hit the state?s second-highest court Thursday, the talk turned to dogs ? or, more precisely, dog waste that may or may not have ended up flowing downstream and possibly harmed bog turtles.
Lawyers for two Hampstead neighbors stood before the judges of the Court of Special Appeals essentially to fight over animals: One neighbor says he had every right to have a kennel with 10 dogs in it. The other says the dogs? waste harms a bog on his property and could endanger bog turtles.
J. Carroll Holzer, the attorney for David Solomon, said Carroll County?s zoning board of appeals erred in February 2006 when it ruled Mark Laird could keep his dog kennel atop a hill on his farm.
“I think the board in Carroll County got tired, spent a day and a half on a dog kennel ? no offense to dogs ? and said, ?We?re going to grant it,? ” Holzer said “The failure of the board to properly write an opinion is the key to this case. It?s like a two-liner, and it doesn?t give any reason as to why they rejected any of Mr. Solomon?s arguments.”
Laird?s side countered, saying the burden of proof rested with Solomon.
“What Mr. Solomon didn?t do is present any evidence of any adverse impact,” said Laird?s attorney, Kenneth Williams. “He spent most of his time talking about bog turtles.”
Williams cited a Department of Natural Resources expert, who testified when the case went to circuit court that dog feces are environmentally safe.
The zoning board heard Solomon?s environmental concerns, he added, but disagreed with them.
A bog turtle was found in 1993, but it was nearly a mile from Solomon?s back yard and none has been found on Solomon?s property, according to the state Department of Natural Resources.
The one-paragraph Carroll zoning board decision states that “any adverse effects generated … will be no greater here than elsewhere,” meaning the kennel on Laird?s farm would not pollute the wetlands near Solomon?s property where bog turtles were found or Prettyboy Reservoir.
The board limited Laird to 10 dogs.
Both attorneys expect a decision in about three months.
