Dusty Meil and White Kisses Great Dane Rescue sued the City of Lubbock on Monday.
On December 8, the city’s Zoning Board of Adjustment denied a variance to operate a dog rescue on three acres of un-platted land at 6716 130th Street. The variance would have allowed for six dogs and “customary home occupation.”
The lawsuit said no reason was given for the denial.
The lawsuit said, “[White Kisses GDR] sought a special exception whereby the Plaintiffs would be allowed to have more than 4 personal household animals.”
Four dogs would be the normal limit for any household under the city ordinance. More than four would require a variance.
The lawsuit said a non-profit recue would be under the supervision of Lubbock Animal Control.
The lawsuit went on to say, “The Zoning Board of Adjustment’s denial of the Plaintiff’s request for special exception to allow the non-profit rescue to operate at this address under the supervision of Lubbock Animal Control, under the circumstances of this case, is illegal under the zoning rules and regulations.”
The website for White Kisses GDR indicated that it is not a physical facility at this time.
“We are NOT a facility,” the website said. “We have fosters across Texas. Our dogs are currently fostered in Lubbock, Abilene, San Angelo, Austin, Dallas area and San Antonio, TX.”
“Defendants have refused to make reasonable accommodations in rules, policies, practices, or services, when such accommodations were recommended by Lubbock Animal Control,” White Kisses GDR said in the lawsuit.
“As a result, Lubbock’s zoning ordinance, as it operates in context of the City of Lubbock’s overall zoning law, fails to constitute a reasonable accommodation for registered non-profit 501c3 incorporated rescues.”
The lawsuit accused the city of discriminatory enforcement of the zoning ordinances.
The White Kisses GDR website said, “Our passion and number one priority are the deaf/blind/special-needs Great Danes.”
City issued a brief statement to EverythingLubbock.com in reference to the lawsuit.
It said, “The Zoning Board of Adjustments is an appointed group of citizens who have certain duties under state law to hear cases such as this. If an applicant is unsatisfied with a decision, their proper course of appeal is to district court.”
