Fayetteville Wedding Venue Grooms Lawsuit Against Pet Kennel

Officials of a wedding venue in west Fayetteville filed an appeal in Washington County Circuit Court to overturn a decision that would allow a dog and cat boarding facility to operate on an adjacent property.

Adam and Helga Coleman and Lowell and Ann Boynton run St. Catherine’s at Bell Gable. Through their lawyer, D. Westbrook Doss Jr., they filed the appeal after the Washington County Quorum Court voted 9-4 in late December to allow the conditional use permit for the Stone Chapel Kennel & Cattery.

Both St. Catherine’s and the kennel are on Stone Chapel Lane, 2 miles west of Interstate 49.

The suit’s defendants are Washington County, the Quorum Court and County Judge Joseph Wood.

The plaintiffs argue that the decision made by the Quorum Court was a violation of provisions against nuisances and excessive noise, as well as arbitrary and capricious and an abuse of discretion.

The plaintiffs said the presence of a kennel and cattery would result in a loss of business at the wedding chapel, which was built by Lowell Boynton in 1985. The barking of dogs would not be “conducive to the quiet, serene atmosphere expected at a wedding.” The plaintiffs also said any loss of wedding business would also affect wedding-related vendors.

The kennel was proposed by Jamie Hertzberg, who owns the property, which he said is 200 yards north of St. Catherine’s. Hertzberg wants to convert a horse-riding barn into an enclosed kennel to house up to 36 dogs and 10 cats; the kennel and cattery would take up approximately 1 of the 2.5 acres of Hertzberg’s property.

In his proposal to the Washington County Zoning Commission, Hertzberg said there would be indoor and outdoor play areas for the dogs as well as consideration taken for “chronic barkers.” He said there would be no dog noise from the kennel after 6 p.m. and much of the enclosure would be insulated against sound.

“Much thought and planning has gone into the design and of this facility both to accommodate for the potential sound annoyance to myself and adjoining neighbors and to be an ascetically [sic] pleasing addition to my property,” Hertzberg said in the proposal. “The building will be fully insulated, have both privacy and chain link fencing and landscaping.”

The conditional use permit was approved by the Zoning Commission on Nov. 2, but the Colemans appealed that decision. The Quorum Court upheld the Zoning Commission’s decision by a 9-4 vote on Dec. 21.