Court takes bite out of Foxboro dog park
BY FRANK MORTIMER SUN CHRONICLE STAFF
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)
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."
View Comments » No comments posted.
« Hide Comments
kingston73 wrote on Mar 4, 2008 5:46 PM:
mike0214 wrote on Mar 4, 2008 2:34 PM:
GinW wrote on Feb 19, 2008 7:16 PM:
Responsible adult behavior does NOT include threatening people who pursue lawful business on public land; it does NOT include shooting toward groups of people; it does NOT include spewing vulgarities or obscenities; it does NOT include placing or allowing others to place children at risk, be the risk real, imagined, or invented; it does NOT include attempting to intimidate and threaten others; and it does NOT include making false or exaggerated statements in a court proceeding.
I respect and admire those who work with children. Their jobs are challenging and difficult. Many teachers and coaches have earned my respect and admiration through their character and behavior. However their superiors should conduct a fitness investigation of anyone who works with children and exhibits irresponsible behavior.
I do NOT want my child (or any child) under the influence or in the care of a person who has no self-control, impulse control, or who lacks common decency and common courtesy, honesty, and respect for others.
"
foxresident wrote on Feb 19, 2008 6:35 PM:
foxresident wrote on Feb 19, 2008 6:25 PM:
NotADogOwner wrote on Feb 19, 2008 1:28 PM:
kyraskye wrote on Feb 19, 2008 12:19 PM:
I am sure that the school are well aware of what is going on, and I hope that they are taking action on the persons they have working with our children.
Have a great week everyone...
"
kingston73 wrote on Feb 19, 2008 9:06 AM:
Barkley13 wrote on Feb 18, 2008 10:18 PM:
foxresident wrote on Feb 18, 2008 4:48 PM:
cassidy29 wrote on Feb 18, 2008 8:51 AM:
FoxRes: You have posted more on here than anyone. You are mad because I know who you are and the end of the line for your ability to terrorize people is coming to an end. When this case goes to court, the judge will see you yelling at people and that will be that. The problem isn't that the dog park users weren't responsible, it's that you and your friends lied to the judge about who has gotten bitten. You still haven't put your real name on here. If you want people to stop posting to you, stop posting to us. I'd love to meet you in person...except it wouldn't be meeting because I already know who you are. You can't say the same for me. "
kingston73 wrote on Feb 18, 2008 8:43 AM:
townie wrote on Feb 18, 2008 12:05 AM:
kyraskye wrote on Feb 18, 2008 12:01 AM:
"
townie wrote on Feb 17, 2008 11:48 PM:
townie wrote on Feb 17, 2008 11:46 PM:
kyraskye wrote on Feb 17, 2008 11:35 PM:
I do hope DSS is looking into the child issues, does anyone know if they have been contacted?
"
townie wrote on Feb 17, 2008 11:31 PM:
kyraskye wrote on Feb 17, 2008 11:25 PM:
You are the ones- the abutters- that are threatening us while we are walking our dogs on Conservation Property. You do not own that path, I remember the day the 'NO TRESPASSING' signs went up! We have been nothing but polite to everyone, even in the face of threats, and extreme profanity. I have been there when one person, walking his dog along the path- and only on the path- not in someones yard- unless you have bought the land that is considered easement, that anyone can use- and he did not invoke the threats that were flung at him, except to acknowledge that there was a person there, yelling at him, threatening and inviting him to come up to his porch, all the man was doing was walking his dog to the park.
Now I ask you-
How do you not see this as a threat' I know who you are...' WOW is this a threat? It is now public knowledge, I think that you are behaving badly, and being the coward. Did you know that the laws are more strict for hurting an animal?
There is only one small difference between a CHILD and a DOG-
2 legs!!!
"
foxresident wrote on Feb 17, 2008 11:20 PM:
foxresident wrote on Feb 17, 2008 11:18 PM:
foxresident wrote on Feb 17, 2008 11:08 PM:
cassidy29 wrote on Feb 17, 2008 7:21 PM:
Townie: Sorry the puppies scared you. "
cassidy29 wrote on Feb 17, 2008 7:17 PM:
cassidy29 wrote on Feb 17, 2008 7:15 PM:
Townie: I'm sorry the big scary puppies made you nervous. "
kingston73 wrote on Feb 17, 2008 7:06 PM:
taxpayer wrote on Feb 17, 2008 6:58 PM:
kingston73 wrote on Feb 17, 2008 6:54 PM:
Townie wrote on Feb 17, 2008 6:44 PM:
Townie wrote on Feb 17, 2008 6:36 PM:
foxresident wrote on Feb 17, 2008 6:24 PM:
kingston73 wrote on Feb 17, 2008 5:17 PM:
sorry you misunderstood me, I wasn't countering anything at all you said, I was responding to FoxRes again. I completely agree with everything you and all the other supporters have written. I want to make sure EVERYBODY, both sides, have all the facts. Like I said before, unfortunately the one side doesn't seem to understand reason or be able to argue with anything other than foul language and threats. I appreciate all of your responses, even you FOXRES and ABBUTTER. I think its abundantly clear who is right and who is wrong here, lets just keep our fingers crossed and hope the judge can see it as well. Oh, and one last thing: there is scientific evidence that there is a gene in people that links us with dogs, it goes back to our ancient ancestors and their dependance on animals for survival. So for you poor dog haters out there, I feel sorry for you and your missing gene. You "musta" missed the boat when some of us evolved. "
cassidy29 wrote on Feb 17, 2008 5:15 PM:
KyraSkye wrote on Feb 17, 2008 4:54 PM:
I am not arguing with you or fellow dog lovers. Please do not think I am.
"
kingston73 wrote on Feb 17, 2008 4:47 PM:
KyraSkye wrote on Feb 17, 2008 4:02 PM:
As many of the visitors to the dog park know, I have 2 dogs that I take there regularly, Siberian Huskies. I was at the park one evening when a dog park friend was threatened, and if that person who threatened him is the same person who is coaching in our high schools than shame on the school district for not stepping up and doing something to curb his aggravation and 'good' name.
You can say anything that you want to about what a fine coach he is, but when it comes to our children and their learning, I will not allow my children around someone who is treating others in a way that he would not like to be treated.
I Know that I have been lied to by one abutter, to my face, and I thought that he was nice, at that point in time I did not know that they were lies, now I do know and I can not trust anything that comes out of his mouth ever again.
I will not lower myself to his level, or ever treat anyone as rudely as he has in the past. I have more respect for people than he ever will.
"
foxresident wrote on Feb 17, 2008 3:24 PM:
kingston73 wrote on Feb 17, 2008 9:09 AM:
I would hope that our justice system will prevail in this case, but after seeing how low these people act, I'm not sure what will happen. The fact that these people are even willing to use their CHILDREN as pawns in this issue is disgusting and disturbing. Yes, I'm almost forgot the last story. There have been several times when an ABUTTER has purposely placed their child in a position to be jumped on or licked by the dogs using the park. I'll finish by saying this, I am not spreading rumors or making any of this up. I personally witnessed all of these stories. I even filed a police report the day 15 milton threatened me and my dog. If any of you reading this have children being coached by this man, keep a sharp eye on him, for your children's sake. I'm a teacher myself, and if I was caught acting this way I would hope the school would fire me, or at least discipline me in some way. I guess that's what makes us different from them, none of us would act like this. "
kingston73 wrote on Feb 17, 2008 9:01 AM:
KyraSkye wrote on Feb 16, 2008 11:58 PM:
Calling everyone names and insulting peoples pets is just rude!!! I do not want anyone who has this kind of behavior teaching my children anything!!! EVER!!!
I was at the park the day 2 guys- never met them before- came in to go to the pond- Being nice, I asked if the ice was thick enough, I got a pretty snippy comment back, I did not deserve the rudeness that I and my fellow parkers received, I had done nothing rude, and was trying to be nice. That area is for everyone, I, nor does anyone else, complain when people with out dogs come into the park either to look around, or see what is going on.
I have met a few people who were just checking out the place- who did not have dogs yet, but wanted to get a feel for the place.
Again I am very disappointed that people that our children look up to, are behaving as if they were back in elementary school. I have learned more about human nature that I ever wanted to just by watching everyone at the park- everyone including neighbors, friends and also the volunteers. They have been working sooooooo hard to make everything work out and all they are getting in return is snippy people!!!!
Can we all grow up, stop name calling and hopefully act our proper ages??? PLEASE?!?!?!?!? "
KyraSkye wrote on Feb 16, 2008 11:49 PM:
The people who use the dog park are not 'all about me!' people, when we are there we are doing everything with in our power to ensure that dogs were staying quiet, that if a pile of poo was over looked and we saw it, that we picked it up.
Dog owners are some of the nicest people in the world! The park has been trying to work with everyone to make the dog park work. They limited the hours, put locks up to ensure that the hours were followed, and kept everyone informed!
I have talked to an 'ABUTTER' and I am so disappointed to know that the man that I talked to lied to my face. No one has been able to work anything out with the ones opposed to the park. Conservation land is land that can not be built on, and from what I understand, the land used to be a swimming hole where there were kids yelling and hollering all day.
I am not going to say that dogs don't bark at the park, they do, but I heard more barking coming from outside of the park, neighbors back yards, than from inside the park.
I really hoped that everyone was above the line as adults, but no one seems to realize that kids are there too!!! "
parkuser wrote on Feb 16, 2008 8:57 PM:
For those complaining about their quality of life living near a dog park that maybe 10-20 people at max there at a time,,,don't you have better things to spend your time and efforts worrying about? And, please stop spreading rumors. The park does not smell, the volunteers have done a wonderful job, and for a select few, it is a shame to ruin it for everyone. "
NotADogOwner wrote on Feb 16, 2008 8:53 PM:
cassidy29 wrote on Feb 16, 2008 8:46 PM:
foxresident wrote on Feb 16, 2008 8:41 PM:
kingston73 wrote on Feb 16, 2008 8:02 PM:
foxresident wrote on Feb 16, 2008 7:55 PM:
Barkley13 wrote on Feb 16, 2008 7:35 PM:
kingston73 wrote on Feb 16, 2008 6:43 PM:
cassidy29 wrote on Feb 16, 2008 6:41 PM:
foxresident wrote on Feb 16, 2008 5:08 PM:
cassidy29 wrote on Feb 16, 2008 4:42 PM:
foxresident wrote on Feb 16, 2008 4:22 PM:
cassidy29 wrote on Feb 16, 2008 1:30 PM:
kingston73 wrote on Feb 16, 2008 1:19 PM:
foxresident wrote on Feb 16, 2008 11:58 AM:
cassidy29 wrote on Feb 16, 2008 9:28 AM:
cassidy29 wrote on Feb 16, 2008 9:27 AM:
kingston73 wrote on Feb 16, 2008 8:46 AM:
foxresident wrote on Feb 16, 2008 3:57 AM:
ABBUTTER wrote on Feb 16, 2008 1:49 AM:
WRZ wrote on Feb 15, 2008 11:52 PM:
WRZ
ccdogpark@yahoo.com
http://pets.groups.yahoo.com/group/Dogpark-National-News/
"
Dastew613 wrote on Feb 15, 2008 9:06 PM:
Patsgal wrote on Feb 15, 2008 9:01 PM:
We're sick of hearing about the barking dog complaints. When my husband and I were there a few times, there was more noise coming from the screaming kids at the ball park than the dog park so if they're going to complain about barking dogs why aren't they complaining about screaming kids? There must be more worthy and important causes to focus your time and attention on than complainng about a dog park. As Foxboro residents, we are all for the dog park and we will offer our help in doing whatever we can to keep it open and hope that the many Foxboro residents that are park goers will do the same!! "
kingston73 wrote on Feb 15, 2008 8:36 PM:
cassidy29 wrote on Feb 15, 2008 8:15 PM:
dogparkfan wrote on Feb 15, 2008 7:06 PM:
parkuser wrote on Feb 15, 2008 6:15 PM:
ABBUTTER wrote on Feb 15, 2008 6:11 PM:
dogparkfan wrote on Feb 15, 2008 5:48 PM:
jose21 wrote on Feb 15, 2008 5:16 PM:
ABBUTTER wrote on Feb 15, 2008 4:51 PM:
dogparkfan wrote on Feb 15, 2008 3:37 PM:
july_7 wrote on Feb 15, 2008 12:58 PM:
DogLover wrote on Feb 15, 2008 12:14 PM:
What’s next, will these abutters sue town official and waste town money again when the children’s soccer games get a little louder than they would prefer? When does it stop? I commend the town & conservation committee for not backing down to the dog park haters and encourage them to continue the fight, as they have the majority of the town behind them.
"
lynnecullen wrote on Feb 15, 2008 8:34 AM:
"