All five members of the Summit County Council have recused themselves from hearing a neighborhood dispute involving a Silver Creek man who keeps 18 dogs at his home.
The recusal came about a month after the Snyderville Basin Planning Commission issued Neal Bowlen a permit for his animals. The man uses the Alaskan malamutes for dog-sledding tours on the West Side of Summit County.
Some of those against the conditional use permit said Bowlen is operating a business without a license. Silver Creek resident David Jones filed an appeal with the Summit County Community Development Department.
Bowlen should not be allowed to keep 18 dogs at his house on Linger Lane, Jones said.
Under the recusal procedures, whenever the County Council recuses itself from hearing an appeal, the panel is replaced by a district court.
David Thomas, a deputy county attorney, said councilpersons should not hear the case because they have already heard from those on both sides of the discussion.
“Under those circumstances you really can’t serve as an appellate authority having already heard everything,” Thomas said.
The law assumes members of the County Council have already formed an opinion, he explained.
“The county will take the position of the Planning Commission, that [the permit] was approved correctly,” Thomas said.
According to County Councilman Chris Robinson, “the County Council has decided that it cannot be the appellate body.”
Critics claim the dogs could be dangerous if they are allowed to run loose in the neighborhood. There have also been complaints about barking.
Jones said he is disappointed that the County Council cannot hear his appeal. He said he was near Bowlen’s home with County Councilman John Hanrahan several weeks ago as the dogs were barking.
“There are other people in the neighborhood who are up in arms about this thing,” Jones said. “[Bowlen] keeps saying, ‘Hey we want to be great neighbors.’ Well, actions speak louder than words.”
Jones’ property is adjacent to Bowlen’s home.
“This is a complete break with tradition. They’ve tried to get kennels in the neighborhood in the past and everybody would show up and say, ‘No, we don’t want it,” Jones said.
Jones had not filed his appeal in 3rd District Court on Tuesday. This week, Jones said he had not decided whether to proceed with the appeal.
“They still have an opportunity to either proceed ahead with it or they could withdraw the appeal all together,” Summit County Community Development Director Don Sargent said. “They want to keep their options open and consider that avenue with the district court, but it seems to be uncertain as to actually whether they will proceed or not.”