The two Airedale terriers, owned by Brant Viner and Margaret Harling of 85 West St., were accused at an April 11 selectmen hearing of escaping the property on Feb. 15 and attacking a neighborhood man and his dog.
Thomas Sullivan told the board that the dogs climbed a snow bank to escape their fenced-in yard and bit his chow chow in the neck and rear.
Sullivan said he managed to save his dog but was bitten on his arms while doing so.
Selectmen ordered the owners to build an 8-foot privacy fence at least 125 feet back from the street to contain Phineas, a 7-year-old male, and Phoebe, a 5-year-old female. In May 2007, the couple had been ordered to build a 4-foot fence after Phineas attacked neighborhood dogs.
In an appeal filed May 4 in Westborough District Court, the couple's lawyer, David McCay, called Sullivan's statements into question. McCay said that although Sullivan told selectmen he was injured in the attack, the police report indicates he was not hurt.
Sullivan's wife, Mary, said yesterday that her husband was bitten during the scuffle.
McCay argued the owners hadn't received complaints regarding their Airedales for four years after they built the 4-foot fence in 2007. He said the dogs got out only because of leverage provided by this winter's unusually high snow banks.
He added that 19 people wrote the board saying the dogs are friendly. He said the order "is fatally flawed" and must be reversed on several counts.
The sides are also at odds over the height of the fence. McCay said the town's dog officer said a 6-foot fence would be sufficient, so the 8-foot fence ordered is excessive.
McCay also wrote the order would require the fence to go through an vegetable garden that is on the property, a requirement he termed "arbitrary and capricious."
The owners are asking the height requirement be lowered to 6 feet and that they be allowed to build around the garden, closer to the street. They also take exception to the order applying to Boudicca, a 10-month-old female Airedale, or any future dogs they may own. The puppy was not part of in the attack, they say, and it's impossible to determine whether any future dogs they own would be a threat to neighbors.
Clerks at Westborough District Court said yesterday the docket containing court dates for the case was unavailable because the case is being moved to a different court. Town Administrator John Coderre said the town does not discuss pending legal matters. He said selectmen will discuss the issue in closed door executive session on May 23.
(MetroWest Daily News - May 11, 2011)
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