Legal Question in Business Law in Illinois

Can a city pass ordinances, that put a long time existing buiness,out of busines

I own a boarding kennel that has been in existance for 28 years. The City has grown up to my back yard, and now has passed several ordiances that prevent me from being able to operate with violating them. No barking dogs within 300 ft. of neighbors, no more than 4 dogs outside at a time, no dogs out before 7:00am or after 6:00pm.. during busy season I generally house avg. of 80 per night, plus dogs that come just for daycare and grooming. With these rules, I can not even get all dogs out once daily for a half hour exercise and potty breaks. It has nearly eliminated my doggie daycare. Two neighboring households, call if any dogs bark at all, no matter time of day, or circumstances. It can get pretty loud when I'm full. I have already downsized by 32 enclosures ( possible 64 less dogs( plus made $40,000 + improvements to the building, and city is now trying to force another $100,000 that I can not afford all at once. These improvements would only cut noise by possible 25%. Hardly noticable. My argument is, I don't want more $ spent, when I'm sure it won't be enough to make neighbors happy. Can't afford it. City says it can shut me down as a chronic nusisance with 3 or more complaints in 30 days. I can get that in one


Asked on 4/08/04, 1:21 am

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Can a city pass ordinances, that put a long time existing buiness,out of bus

Interesting but unfortunate problem. Sounds like you need representation, beyond what can be expressed in this forum.

Please feel free to contact my offices, should you desire to speak w/any attorney.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]; 312-596-1700

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Answered on 4/12/04, 1:38 pm


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