New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | November 14, 2019

CC kennel owner appealing board’s use permit denial

By Robb Johnson | July 8, 2010 4:11 pm

The owner of a Charles City dog kennel, who in May was denied an operating permit by the county’s Board of Supervisors, has filed paperwork asking for a circuit court review of all documents and materials that led to the board’s decision.

Linda Howard, owner of Big Dog Kennel at 5226 North Warriner Road, filed what is termed a writ of certiorari in county circuit court on June 23. Named as defendants in the writ in addition to county supervisors are the county’s Board of Zoning Appeals, county planner John Bragg, commonwealth’s attorney Rob Tyler, and animal control officer Frank Bates.

Supervisors acted on May 25 to deny Howard’s request for a permit enabling her to maintain her Rottweiler breeding and selling business.

In making their decision, board members pointed to Howard continuing to sell dogs after the county imposed a May 2009 order to cease all operations.

In her writ, Howard claims she abided by all Charles City requirements for meeting permit demands and alleges supervisors based their decision on prior dealings with her, thus rendering their denial “in a punitive manner.”

Denying the permit on that basis, she alleges, is improper and illegal. She is asking for the decision “to be reviewed by an impartial judicial system.”

Defendants named in the writ were served this week and have 21 days in which to reply. So far, no hearing on the matter has been scheduled.

Contacted on Tuesday, county administrator Jack Miniclier said the matter has been turned over to county attorney Randy Boyd for filing a reply on behalf of all county employees named in the writ.

Howard, meanwhile, is also appealing a circuit court decision from May 4 that found her guilty on two misdemeanor counts of operating a commercial kennel without a special use permit.

In that case, an undercover police officer wired for video and audio visited Howard’s kennel last December, posing as a potential customer. The recordings played in court proved instrumental in convicting Howard of the violations.