WILLIAMSTOWN — The Kentucky Court of Appeals has decided not to let sleeping dogs lie, ordering a written order from a Grant County court as to why a violation of a barking dog ordinance was dismissed almost two years ago.

        Depending on what happens in the next few months if the Appeals Court decides to hear this case again, Grant County District Court could be conducting a jury trial where a conviction would result in a $10 fine.

        And if the case goes further, it could alter application of state law dramatically.

        The case began in October 1999, when Corrine Webster of Grant County was cited for violating the county's nuisance ordinance against barking dogs. It is intended to prevent a dog from disturbing someone else's peace.

        The citation was the result of a complaint from a neighbor, Jesse Hamilton, who lives across Ky. 22 from the Webster home. Mr. Hamilton's wife was ill, and the complaint said she couldn't sleep because of the constant barking of Mrs. Webster's dog, which was tethered in her front yard.

        Mrs. Webster sought dismissal of the charge in Grant County District Court, arguing that the ordinance violated the Right to Farm Act in the Kentucky Revised Statutes. Her motion was denied.

        Grant County Attorney James Purcell said the Right to Farm Act was intended to protect farmland from nuisance suits.

        “Basically, it protects farms from people who move from the city to build in the country and then aren't happy when someone maybe cleans out their barn next door, or raises pigs,” he said.

        Mrs. Webster asked for a jury trial, but instead received a bench trial before a judge and was found in violation of the barking dog ordinance. However, the judgment was later vacated by the court. The court agreed she should have had a jury trial, and the charges against Ms. Webster were dismissed on Feb. 28, 2000.

        The Grant County Commonwealth Attorney appealed to Grant Circuit Court, and Judge Stephen Bates agreed with the District Court's decision regarding the jury trial but set aside the order dismissing the charges.

        The Appeals Court did not take up the question of whether a jury trial was appropriate. It also did not address the issues of whether the county barking dog ordinance was properly adopted or in violation of KRS, as was alleged by Williamstown attorney William F. Threlkeld in the appeal.

        District Court won't take up those issues either, simply forwarding its reason for dismissal of the case.

        Mr. Threlkeld said he didn't wish to discuss the issues in the case because it is still an active court case.

        “(District Court) Judge Stan Billingsley will probably get the case in January and give the Appeals Court a written reason for dismissing the charge,” Mr. Purcell said. “Then it will be up to the Appeals Court, which could just send it back to District Court. That means we would go through the appeals process and then a jury trial for a $10 fine.”

        Grant County officials had no estimate of how much the legal back-and-forth over the case's disposition had cost the county.

        “But if we get a ruling from the Appeals Court on the issue of holding a jury trial, it could have far-reaching effects around the state,” he added. “Right now, in Kentucky, anyone can demand a jury trial on any citation or charge, regardless of the fine or sentence involved.”

Indiana riverboats paying off
Argosy wants weekday gamblers
College freshmen lack basic skills
Board of Regents report highlights
Sporty's in the spotlight
Anderson acquiring acreage
Council has four plans to clean streets
Leis eyes airborne transport
School closings seen
Taft fixed on biotech, Hyundai
Tristate A.M. Report
Waagner extradited to Ill.
XU, UC alumni fan 'shootout' flame from afar
HOWARD: Some Good News
PULFER: Toxic waste
Cambodian expected to plead guilty in killing
Ex-councilman: Duning forced out
Hamilton OKs 2002 budget
Jury says student unharmed
Mason manager gets a raise
Nix joins council a few weeks early
Poster parents owe money
Sheriff Ariss heads state lawmen group
Talawanda educators weighing facilities plans
Economic woes far-reaching
Ohio fun parks charging more
Portman won't seek GOP post
Two GOP leaders fight for Orient
Barking dog case could resonate
Eyebrows, questions raised
Four more Ky. Guard units about to get call
Garage to honor crossing guard
Kentucky News Briefs
Shelters' property dispute may displace potbellied pigs
State workers to join Teamsters