Stearns County District Court Judge Landwehr has dismissed the breach of contract lawsuit filed by Valorie LaBeau against Lynden Township and its board members. The lawsuit was filed after the board revoked LaBeau’s conditional use permit (CUP) to operate a commercial kennel last February.

 

Judge Landwehr dismissed the lawsuit last week, ruling the board had sufficient basis to revoke the CUP granted to LaBeau to breed golden retrievers.

 

“We are pleased with the decision as the Court recognized the town board had good reason to revoke her conditional use permit,” said Lynden Township Attorney Paul Reuvers. “We trust she will abide by the Court’s well-reasoned decision.”

 

LaBeau, who owns Tails of Gold, had her CUP revoked after Stearns County sheriff’s officials executed a search warrant at her business in November 2015 and Lynden Township’s building inspector performed a site visit in January 2016. 

 

The search warrant, which was carried out to investigate allegations of possible violations and concern for the well being of the golden retrievers bred by LaBeau, found the condition of the facilities to be a potential threat for the spread of disease and parasites. Along with this, LaBeau appeared to be in violation of nine conditions stated in her CUP.

 

She was given 30 days to correct the violations by the township, and in January 2016 the township’s building inspector, Nancy Scott, performed a site visit. Many of the alleged violations appeared to have been corrected, however a mobile home on the property was still being used to house several animals, none of the floor surfaces were completed impervious, and there were too many dogs on the premises, all direct violations of the CUP.

 

Lynden Township Board revoked LaBeau’s CUP in February after a public hearing and the Stearns County Planning Commission’s determination that a violation of the permit had occurred and recommendation they do so.

 

Two conditions of the CUP were determined to be in violation. The first states all primary enclosure surfaces must be able to be cleaned and sanitized and secondary kennel surfaces must be maintained according to an approved waste management and drainage plan for the site. 

 

The second condition states the mobile home may not be used as a primary or secondary enclosure.