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Snake breeder sues city and wins
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by ChuckHurd on December 16, 2007
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Deseret News (Salt Lake City), Sep 1, 2007 by Elizabeth Stuart Deseret
Morning News
MAPLETON-- Mapleton city agreed Friday to pay $303,958 to a python breeder
whose business was ousted from a residential area because disgruntled
neighbors feared the snakes' presence would damage the value of surrounding
land.
Mayor Jim Brady said the city misled Dan Sutherland by counseling him to
purchase the land for his business and granting him a business license and
building permit for two barns to house the animals and their prey -- rats
and mice.
The city planner at the time advised Sutherland he did not need to conduct a
public hearing before moving in with his 1,500 ball pythons, he said.
"If the city planner had not made the representations he made, Mr.
Sutherland would not have spent the money he spent," Brady said. "We (the
City Council) felt responsible for his expenditures. "
The settlement money covers only the difference between the current price
tag on Sutherland's property and the snake breeder's total out-of-pocket
expenses.
A complete list of damages, which includes lost profits and damage to the
snakes' breeding cycle caused by unnecessary moving, rings in at more than
$1 million, said Randy Spencer, Sutherland's lawyer.
The settlement also puts a stop to Sutherland's case against the city in 4th
District Court. The snake breeder petitioned the court Aug. 18 for the
review of the city's decision to deny him the necessary permit to keep his
snakes in the neighborhood.
Brady said Sutherland contacted Mapleton to discuss his business before
moving from California in 2006. After looking at the breeder's Web site,
thesnakekeeper. com, the city planner advised him he could breed snakes in
Mapleton. Sutherland originally selected a piece of property in a remote
area bordered by two streets and a railroad track. He was advised, however,
that he must move his business to an area zoned for residential use.
After Sutherland was issued a business license, the City Council, concerned
that there were no public hearings about the matter, interceded in the
process. In July, after nearly 18 months of heated meetings with the snake
breeder's neighbors, the city denied Sutherland a conditional use permit for
his snakes.
The city will pay the settlement over a five-year period in payments ranging
from $55,000 to $65,000. The money will come from the city's contingency
fund.
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RE: Snake breeder sues city and wins
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by ChuckHurd on December 16, 2007
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when was the last time the courts sided with snake keepers? i sure hope this starts a trend. it can certainly be referenced in cases to come. just becuase the general public doesn't like what we do, doesn't mean we do not have our rights.
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RE: Snake breeder sues city and wins
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by Chance on December 16, 2007
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This is pretty amazing. I've been following the threads about this when I've seen them over in the bp forum on Kingsnake, and it's just sickening what that city was trying to do. I'm glad to hear they conceded to their mistake and are willing to pay for it.
-Chance
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