Darren Doyle, story
County Attorney J.B. Hines summarized an agreed order of dismissal in the ongoing lawsuit between the plantiffs Lillemor Shenk and Kathryn and Kenneth Smith and the defendants, the Edmonson County Fiscal Court, including all magistrates, Judge Executive Wil Cannon, and former animal control officers Kim Carroll and Greg Carroll.
The court took no action today on the seventeen page agreement as Attorney Hines recommended that each member of the court be given ample time to read and understand the requirements within the agreement.
Hines said that signing the agreement would dismiss the case against the county, but place affirmative duties on the county including: not being able to contract with the Carrolls indirectly or directly, agree to contract to non-profit organizations only or operate independently as a governmental agency. He also said that there were terms required for specifics on euthanasia and advertising on a shelter-run Facebook page before being administered.
Hines also discussed some specific terms about cleaning the facilities and cages, the types of cages used, and the formulas for cleaning agents. The terms also included provisions on cat care, requesting that "A cat room shall have a window, if possible."
Hines said he was perfectly fine with pursuing the court date in the event that the fiscal court didn’t agree to the terms of the agreed order of dismissal.
Cannon said the plaintiffs were asking for far more that what the law requires for operation of a local shelter. He said he didn't think any of the fiscal court members would be interested in signing the agreement. We asked him if there could be an agreement reached if the plaintiffs were interested in meeting somewhere in the middle.
"We'll follow the law as far as a new animal shelter is concerned," said Cannon. "There's no need in all the specific details the plaintiffs are asking of us. What they want us to do is above what the law requires and that's not necessary. We're following the law with our current set up and things are moving forward. There's just no need in doing all these other things."
Plaintiff Kathryn Smith is the founder of the Humane Society of Edmonson County.