Last modified: Friday, February 15, 2008 12:37 AM EST Jessica McElroy keeps her dog "Huck" on a leash Thursday after learning that dogs many no longer run free in the fenced dog park. under a court's temporary order. (Staff photo by FRANK MORTIMER) Court takes bite out of Foxboro dog park BY FRANK MORTIMER SUN CHRONICLE STAFF FOXBORO - A Land Court judge in Boston issued an order Thursday temporarily ending the operation of a privately run dog park on town land at Cocasset River Park. In the first step of a suit brought Monday by 17 park foes, Judge Keith Long ordered the immediate removal of all dog park signs and required the town to post a sign saying dogs on the property must be leashed at all times, Town Manager Andrew Gala said. The judge also ordered that the dog park gates be kept open at all times, Gala said. "It was all started with such good intentions. I'm devastated that it's come to this," park co-founder Debbie Cunniff said Thursday at the park. The suit goes to trial next Friday in Land Court. Selectman Mark Sullivan, one of three board members who attended the court hearing, said the attorney for the plaintiffs told the judge that a child had been bitten at the dog park this week and was taken to a hospital. Sullivan said the judge cited that alleged incident, plus a complaint by a hiker, Ron Horta, of an encounter with an aggressive dog, in issuing the temporary injunction. "We're devastated and we're stunned by the allegations that a child was bitten," park co-founder Heather Harding said. Neither the health department nor the town's dog officer, John Hazeldine, had any record of such an incident. Hazeldine said a biting incident should have been reported to him and to the health department. The suit argues, in part, that the dog park deprives other townspeople of the passive recreational use for which the conservation land was preserved. In reality, Harding said, Cocasset River Park has long been locked by police, an assertion confirmed by Police Chief Ed O'Leary. The legal action by residents aiming to close the park brings to a head a dispute dating back to 2006. Harding and Debbie Cunniff opened the park in September of that year after a series of meetings with town boards and gaining an OK by the conservation commission, which controls the land. Abutters and others have complained about the dogs, and questioned the legality of the operation. Harding, Cunniff and others supporters are not giving up their cause. Just minutes before they began to mothball the park, they and other signers submitted to the selectmen's office an article they hope to place on the annual town meeting warrant in May. The article would allow dogs to continue to run free in the park and the area would be "maintained or controlled" by the conservation commission or its designees. Lead plaintiff Donald A. Baker, whose Milton Lane home abuts the dog park, could not be reached for a comment. A woman who answered the phone at that address said their attorney has asked his clients not to comment on the suit. Ryan McGovern, 27, of Roslindale, learned of the new rule when he showed up with his boxer, "Doyle." McGovern said that for the past nine months he's driven from Boston to Foxboro for no other reason than to let his dog romp unleashed with other pets. "I think that it's really unfortunate that the few can spoil it for the many," he said. "I think it's terrible. This is such a great place for the dogs," said Jessica McElroy, 23, of Cross Street, as she walked her leashed boxer "Huck" within the fenced area. "Huck's going to be very disappointed. He has a lot of friends here."