Lawsuit filed because of animal shelter location - KCBD NewsChannel 11 Lubbock

6/11/09

Lawsuit filed because of animal shelter location

By Katie Bauer  - bio | email

LUBBOCK, TX (KCBD) - The Lubbock City Council had a second and final reading of the new animal shelter location and voted in favor of the Mackenzie Park location 6-1.

Councilman John Leonard voted against the location, because there was no citizen input and because the park is not centrally located.

But this issue may not be over.  Seven Lubbock citizens filed a lawsuit Thursday morning after the council's decision. David Donnell Hooper, Naida Gonzales, Frank Gutierrez, Blas Mojica, Jr., Lile Medina de Quirino, Carlos Quirino, Jr., and Eddie P. Richardson filed suit against the city of Lubbock.

According to the lawsuit they say an animal shelter is not a correct and proper use of a city park. It also states the Texas Parks and Wildlife code specifies that there is a procedure that must be followed to use park land for other uses, and this procedure also allows for judicial review of the taking, which the seven plaintiffs claim has not happened.

Thursday morning at citizen's comments, former Lubbock County Commissioner Ysidro Gutierrez spoke on behalf of residents in the Mackenzie Park area, who say they are frustrated about the new animal shelter location. "Why have we not had a public hearing meeting on this side of town on this issue? Apparently they don't feel there has been proper process and they ask me to bring that to the council today (Thursday)," said Gutierrez. 

Gutierrez addressed two council members in particular. "I do want to ask Councilman Floyd Price and Councilwoman Linda DeLeon who organized the meeting at Clapp, whose objections they made at the time apply only to the children and the families who live in that part of the community or do they not equally apply to the people who live in and around the neighboring area in Mackenzie Park," said Gutierrez. 

Councilman Floyd price responded. "There are no houses around there so I just see that is not a reason to not select that area simply because there is nobody there and it's not being utilized anyway," said Price.   

The lone dissenting vote of the new shelter location was Councilman John Leonard who agreed with Gutierrez. "The fact that there was not citizen input on that as there was in the prior selection and it's not centrally located as was the goal," said Leonard.

NewsChannel 11 will continue to follow this lawsuit and bring you updates as they become available.

©2009 KCBD NewsChannel 11. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Animal Shelter Lawsuit
Read more on the lawsuit opposing the recently approved location for the new Lubbock animal shelter. 
7/30/08
Clapp Park Not Going to Be Location For Animal Shelter Due to Concerned Citizens
Citizens speak out against having the animal shelter in Clapp Park and local city council listens.  On Thursday the Animal Shelter Advisory Board and council members are meeting to discuss locations.

 

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