Court rules against sheltie owner

September 12, 2006

By MARY AMES

Frontiersman

PALMER - A Superior Court judge on Monday granted an injunction against a woman who houses an indeterminate number of dogs in violation of city code.

But it may not mean relief for the neighbors of Deborah Luper, six of whom turned up for the civil hearing before Judge Beverly Cutler.

By granting the injunction - filed by the city of Wasilla - Cutler allowed the city to confiscate Luper's shelties in 10 days, putting an end to a two-year quest by the city and Luper's neighbors. But Ken Jacobus, Luper's attorney, has 48 hours from the time the judge signs the papers to request a stay, which Jacobus said he intended to do. After Jacobus files for a stay, the city has 48 hours to respond.

The defense also put forward the possibility of a trial in spring of 2007.

Judge Cutler cut to the heart of the matter about whether Luper could continue to violate a city code that allows no more than three dogs in a home without a kennel license.

&#8220Why does she have more right to break the law than someone who's denied a driver's license and drives down the road?” Cutler said. &#8220If that's the rule in the city of Wasilla and in the subdivision, why does she have more of a right?”

Luper moved into an area in the city where kennels aren't allowed in December 2004, and has twice applied for and been denied a kennel license.

Jacobus argued that, while it was true Luper has more than three dogs, District Court Judge David Zwink previously found the dogs weren't a nuisance.

Jacobus said as long as a judicial process is in place, Luper could keep the dogs at her home.

The city caused Luper irreparable harm, prosecuted her selectively and refused her &#8220every effort” to get a use permit, Jacobus said.

Tom Klinkner, the attorney for the city, noted Luper's recent appeal to an administrative officer was decided in favor of the city.

City code bans more than three dogs, and Luper moved in knowing that, Klinkner said. To get a permit for a kennel, everyone has to go through an administrative process and finding of facts, he said.

Judge Cutler added that the city has the right to fine Luper every day she is in violation of the code. Jacobus said that could amount to $500,000 in fines, but he didn't say whether the city had issued that many citations.

The city is 100 percent correct, Judge Cutler said, and a defense doesn't entitle Luper to continue breaking the law.

A collective gasp came from Luper's neighbors when Jacobus suggested the court consolidate this case with Luper's second appeal of the denied kennel permit and schedule a trial for April or May next year.

Luper's neighbors may have relief by the end of the week, or maybe not.

&#8220Ten days, that's my prayer,” said Marilyn Morris. &#8220I'm very frustrated.”

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.