No Time To Spare Animal Rescue in Pendleton is suing the Warren County government over a permit dispute that the animal shelter won in October 2022.
The nonprofit shelter and owner Carol Risley …
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Updated 1/5/2023 -- Adding that the county commission also restricted the total number of dogs kept at the shelter.
No Time To Spare Animal Rescue in Pendleton is suing the Warren County government over a permit dispute that the animal shelter won in October 2022.
The nonprofit shelter and owner Carol Risley filed a lawsuit on Dec. 29 seeking a court order to overturn their own operating permit, and are instead seeking a different version of the permit that has fewer restrictions. The lawsuit was filed in Warren County Circuit Court.
Prior to receiving an operating permit from the county, No Time To Spare operated without a permit, leading to Risley being charged with a misdemeanor criminal offense.
In July 2022, the shelter was approved for a permit by the county planning and zoning board. That decision was quickly appealed by neighbors who oppose the shelter.
In October 2022, the county commission reaffirmed approval for the shelter, but added a condition that the shelter can only take in dogs from Warren County or an adjacent county, but excluding St. Charles County. The county commission also limited the number of animals at the shelter to 50 adult dogs plus any puppies, and also slightly restricted the hours dogs can be outside, and required the shelter to carry a $1 million insurance policy.
Now Risley is suing the county commission with a barrage of accusations, covering a full spectrum of supposed administrative and procedural violations. The apparent goal of the lawsuit is to get a judge’s order saying that No Time To Spare doesn’t need any permit from the county and doesn’t have to abide by any special restrictions.
Barring that, the shelter is seeking to overturn the extra conditions added by the county commission in October 2022, and instead operate under the permit that was approved by the county’s planning and zoning board in July.
The planning board is a group of citizen volunteers appointed by the county commission to issue rulings on these sorts of permits. But an appeal sends the matter up for a final ruling from the county commission.
The lawsuit particularly calls out the commission’s decision restricting where dogs at the shelter can come from and forbidding dogs from St. Charles County.
“In more than 10 hours of testimony ... zero evidence was presented by any individual that dogs from any other county, including St. Charles County, were causing a nuisance distinct and different from the dogs from Warren County,” the lawsuit states.
The lawsuit also alleges that neighboring property owners had no right to appeal the permit for No Time To Spare. But the county’s planning and zoning ordinance clearly states that any aggrieved party can appeal a permit.
Beyond seeking a more favorable permit, Risley is also alleging that Warren County violated her right to farm that is guaranteed by the Missouri State Constitution. The lawsuit argues that an animal care facility is a protected agricultural activity.
She also alleges that the county government engaged in malicious conduct by asking the Warren County Prosecutor’s Office to consider a misdemeanor criminal charge against her for operating the shelter prior to receiving a permit. However, the lawsuit does not include County Prosecutor Kelly King as a defendant, or allege any wrongdoing on her part.
Risley is asking for a jury trial in order to seek attorney's costs and unspecified financial penalties against the county government.
When asked for comment, the county commission provided this statement:
“The Warren County Commission was notified recently that No Time To Spare Inc. has filed a lawsuit in the Circuit Court of Warren County, wherein it is claimed that Warren County acted improperly in approving the conditional use permit requested by No Time To Spare Inc.
“Both the Warren County Planning & Zoning Commission and the Warren County Commission approved the conditional use permit with the necessary conditions to protect the public health, safety and welfare, while still allowing No Time To Spare Inc. to provide its needed services.
“A copy of the final order approving the conditional use permit ... can also be obtained from the Warren County Planning & Zoning Department or from the county’s website.
“It is the duty of both the Planning & Zoning Commission and the County Commission to weigh the evidence presented at public hearings when making their decisions, and to approve or deny the request. If the request is approved, it is their further duty to attach such conditions as deemed necessary. Both entities took their responsibilities seriously, as evidenced by the amount of time devoted to the public hearings.”
