River outlines case in Lakewood Dog Park trial
Dog lovers and their pets relax at Lakewood Dog Park at the end of the first day of a court trial that may have serious consequences for the park's future.
On Thursday, after three years of legal maneuvers and fruitless attempts at compromise, representatives from neighboring cities Lakewood and Rocky River met in Judge Carolyn B. Friedland’s court to begin a bench trial that will determine the future of Lakewood Dog Park.
Michael O’Shea, the attorney representing Rocky River, gave a 10-minute opening statement that outlined the core of the conflict and described how he would present his case.
Essentially, O’Shea said the dog park is a nuisance to nearby Rocky River homeowners due to the amount of noise it generates and the city of Lakewood must correct the problem.
O’Shea said there will be two phases to his presentation. First, he will call to the stand Rocky River and Lakewood officials and aggrieved Rocky River residents to describe the noise problems and explain how they were handled. Then, he will call on witnesses to describe the events and decisions that led up to the construction of the dog park on city property in the Metroparks.
O’Shea explained that dog park founders originally wanted to build the facility at St. Charles Green, the park-like area located behind the large parking garage near Lakewood Center North. However, some city officials felt it was a bad location because, as one city council member at the time said, “the barking will drive people crazy.”
According to O’Shea, the acoustics of the current dog park location are akin to those at Blossom Music Center. Noise generated in the Rocky River Valley – even slight noises – easily carry to the nearby cliffs. He claimed conversations conducted at a normal tone at the adjacent city water treatment plant are clearly heard by residents on High Parkway in Rocky River, who are only about 350 feet away.
Interestingly, none of the Lakewood residents who live on the cliff (pictured above) overlooking the dog park have lodged any noise complaints. Rocky River's attorney is quick to point out that the houses in Lakewood are twice as far away from the park as those in Rocky River and are positioned in such a way that the sound is blocked by the trees and the cliff.
O’Shea said he would introduce 370 barking dog complaints that occurred elsewhere in the city of Lakewood as evidence that officials there have been responsive to such situations, and should also be responsible for quieting Lakewood Dog Park.
Warning the court that he expects the defense to portray his clients as “over sensitive” and “complainers,” O’Shea said the noise emanating from the dog park is a legitimate nuisance.
The decibel level is not a problem, O’Shea explained, but its continuous, repetitive, and year-round nature is and it can be heard over common household sounds such as the television and air conditioning. “It’s like Chinese water torture,” he said.
O’Shea concluded his opening statement by telling the judge that the Rocky River residents on High Parkway were there before the dog park and should not have to tolerate nuisance conditions. “It has destroyed the quality of their homes,” he said.
Judge Friedland then adjourned for the day so that she could visit the dog park, observe the surroundings, and get a better understanding of the geographic layout.
The trial will resume on Monday, July 12th at around 10:00 a.m. in courtroom 20-D of the downtown Justice Center. Judge Friedland said the case would probably last the entire week.
Trial updates
It’s not clear if it will be updated regularly, but Lakewood Dog Park supporters are providing news on the case via Twitter
Learn more about the case
Want to learn more about the case? Here are some supporting legal documents that provide a background on the situation. Most of these files came from the Lakewood Dog Park Web site.
The original complaint (.PDF)
Affidavit from Rocky River resident Tim Merriman (.PDF)
Affidavit from Rocky River resident Carol Buddie (.PDF)
Affidavit from Rocky River resident Michael Buddie (.PDF)
Appeals court judgment reversal (.PDF)
Pretrial settlement effort statement (.PDF)
Motion to strike statement (.PDF)
Response to motion to strike (.PDF)
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