Oceana's pit bull case heads back to court

MI -- More than three dozen pit bulls still dot the field at the Oceana County farm.

Worried neighbors and township officials are still trying to get rid of the dogs, whose breed has a reputation for viciousness.

It's turned into a court battle with no rapid conclusion in sight.

Oceana County's Claybanks Township has sued Joe Schulze Jr. and his father, the property's owner, to get rid of the animals, now formally banned from the township after an earlier agreement was thrown out at Schulze's request.

The township had offered to let Schulze keep up to six pit bulls outside a kennel. Now the township's offer is zero.

One thing is for sure: Goodwill doesn't exist in these proceedings.

The next time the Schulzes and Claybanks officials meet in court will be June 13 for a pre-trial hearing. The first court papers were filed in March 2003, but residents' complaints pre-date that by years.

"It seems to take forever, but in reality that's how it goes," said the township's attorney in this matter, Douglas M. Hughes. Hughes became involved with the case in August.

David L. Bossenbroek, attorney for both Schulzes, had no comment.

"Read the court papers," Bossenbroek said.

Those affected by the dogs seem resigned to waiting.

"At this point, I'm ready to have the system work it out," said Ted Gilmore of Shelby, who has rights to hunt on property behind Schulze's. "There's no way to speed that up. We have to wait and see how it works out."

Brett Osterhart of Hesperia owns 40 acres across the road from Schulze. He wants to build a house on the land, but won't as long as the dogs are there.

"I wish it (the court decision) were earlier but we have to live with it," Osterhart said. "Hopefully the judge will see it our way. ... It's been dragging on for two years."

Richard Smith, township supervisor, said the matter will be resolved.

"We're pursuing it and we won't let up, but it's not going very fast," Smith said.

In March 2003, township officials first filed suit against Schulze and his father, Joe Schulze Sr. -- superintendent of Muskegon Public Schools and owner of the property -- claiming they were violating a zoning ordinance and creating a community nuisance.

After passing an animal control ordinance in October 2003, they amended the suit to say the Schulzes were violating the new ordinance.

The parties reached an agreement in April 2004 when Schulze Jr. agreed to either reduce the number of dogs on his property to six or get a kennel license.

Schulze tried to pursue a kennel license, but in June 2004 the township zoning board denied his request for a conditional-use permit needed for the kennel.

On Sept. 18, 2004, Oceana County Animal Control Officer Mike Nielson visited the Schulze property and conducted an inspection, according to court documents filed by the township. He filed a report that 43 dogs were on the property, a violation of the agreement with the township.

"Representatives from Claybanks Township and Oceana County Sheriff's Department also appeared but the (Schulzes) refused to allow them onto the property," the documents report.

Schulze Sr. didn't return phone calls made to his home and Schulze Jr. has an unlisted number.

Schulze Jr. filed a motion to dissolve the settlement with the township that was granted by a judge in a November 2004 hearing.

Smith was upset with Judge Terrence R. Thomas' decision. "The judge said it was a free country and he can have as many dogs as he wants."

"He said 'I'll let you disagree and have a trial,' " corrected Hughes, the township's attorney. "The judge hasn't made any determination one way or the other.

"Everyone's back to square one."

But township officials haven't been sitting still. In mid-December, it changed its animal control ordinance to ban all pit bulls and mixed breed dogs resembling pit bulls as "dangerous animals." That extends to all pit bulls in the township, not just Schulze's.

The two exceptions are if the dog is at a veterinary facility or if it's in a licensed kennel that breeds, trains and sells dogs.

A dangerous animal is defined as "any mammal, amphibian, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being or property."

Examples include lions, wolves, gorillas, elephants and crocodiles. A separate section is devoted solely to "any pit bull dog." This includes the Staffordshire bull terrier breed, the American Staffordshire terrier breed, the American pit bull terrier and mixed-breed dogs predominantly of one of those breeds.

Schulze Jr., who won't say why he has so many dogs, has previously said through his attorney that he considers them pets and doesn't sell or actively breed them. That prevents him from getting a kennel license from Oceana County or a conditional or special use permit from Claybanks Township.

"We still don't know what he does with the dogs," Smith said.

The animals appear healthy and, as required, they're licens-ed.

"They have shelter, food and water," said Kris Brower, department head of Oceana County Animal Control. "They have dog houses with straw inside. Legally, he currently meets requirements under state law. The rest is township law."

The dogs are likely to stay with Schulze Jr. at least until a judicial decision is made.