Judge rules to shut down pit bull kennel

Tuesday, July 15th 2008, 12:56 am
By: News 9

By Amy Lester, NEWS 9

MOORE, Okla. -- A group of Nuns from Villa Teresa school in Moore are celebrating a victory. They were trying to get a nearby dog kennel shut down, and the judge ruled in their favor.

The nuns said it is a relief because the pit bull kennel in question must now close.

"It's too close to the school and I wouldn't want any of the children hurt," a nun from Villa Teresa said.

The kennel is too close under a new state law. The law states that no kennel can be within 2,500 feet of a school in any city with a population of more than 300,000 people.

"It's undisputed that Mr. Gonzales' kennel is in violation of the law and therefore it's not coming out of the violation of the law, so therefore a temporary injunction was warranted," Kevin Calvey, Lawyer for Villa Teresa Moore, said.

While the judge ruled to shut it down the ruling won't go into effect for 30 days. The decision is one that the lawyer for Kenneth Gonzales, the kennel owner, supports.

"The fact that he stayed his decision for 30 days to give us opportunity to appeal is very thankful," Gonzales' lawyer Mickey Homsey said. "We're very thankful that we got that and we are going to appeal this decision."

The nuns expect an appeal. They plan to fight it, every step of the way.

The lawyer for the kennel owner said the law is unconstitutional. That'll likely come up in the appeal process.

The lawyer for the nuns is ready to battle that issue too.