Freedom Twp. – Michelle Filler and her family introduced the area to competitive K9 dock diving when they opened a facility at Round Up Lake in Mantua Township in 2017. Through their business, Duke’s K9 Dash N’ Splash, they brought the family-friendly sport — and countless visitors — to the area for competitions. The success at that initial location helped fuel their plans to create a permanent home for their business, and that search led to nearby Freedom Township.
When they found the 25-acre property, they thought the location would not only suit their business’s current needs, but provided ample space for their future plans. Zoned as Commercial/Agricultural/Residential, and already cleared and flat, the idyllic property was bordered by trees, on a major state route, creating the perfect setting for families to visit the K9 training facility. It also provided space to realize the suburban family’s dream of building a home, farm and garden in what they called, ‘a slow-paced, quaint town’. But what began as a place to bring their dreams into reality has instead become a nightmare.
She noted that for four months, she worked with the BZA, Zoning Commission, and the township trustees to describe the business and plans for the property and to determine what was needed in order to proceed with construction. She recalled that at that time, Trustee Roy Martin agreed with Zoning Inspector Gerald Apple’s assessment that there was no need for a conditional use permit. One that Filler noted she had prepared prior to that meeting, and was ready to submit. Considering the issue closed, Filler and her family proceeded with their plans in order to prepare for the 2021 season, which began in May.
After receiving the news from the township, Filler and her family began construction on the new facility, which includes a 45 X 20 foot above ground pool and 40-foot dock, a 60 X 20 foot competition and training pool, and structures to house equipment. Construction was completed and the business opened this May, offering classes in K9 swimming, dock diving, and K9 workshops and events. “We were looking forward to the transition from the suburbs to a quiet country life,” Filler noted. “After the amount of work converting an old soy field to an active K9 facility, and all the time devoted by friends and volunteers’ efforts to help make it happen, we should have felt pride in our success, and a sense of relief.”
Instead, Filler noted that her business was issued a Zoning Violation Advisory by Interim Zoning Inspector Laura Chartier this June. The letter cited that the business neglected to apply for a conditional use permit. It also noted the business’s road sign was out of compliance with Township Zoning requirements.
Unbeknown to Filler, since the initial decision was made and construction moved forward, her business had been discussed at every trustee meeting from December until May 2021. In related news, the Zoning Inspector resigned from his role, citing “the harsh work environment and unpleasant verbal attacks, along with a perceived lack of support by the Trustees as a group,” as the reasons for his resignation. Upon his departure, Assistant Zoning Inspector Laura Chartier, a relative of Trustee Zizka, was put charge of enforcing the Township’s Zoning codes.
That’s the most frustrating thing,” Filler noted. “Before we spent a penny, before we even closed on the property, we reached out to the (Township’s) Zoning Department to find out what needed to be done.” She continued, “now, after we’ve invested hundreds of thousands of dollars to build our facility, we’re being told we must apply for a permit and hearing, knowing that it could well be denied.”
In addition, Filler noted that complaints against the business have been made by a neighbor, regarding concerns that dog waste would run off from the business to her property, which is located uphill from Duke’s. Filler further shared her policy that requires visitors to clean up after their dogs or be asked to leave. She noted an additional complaint made about the temporary canopies that were erected during recent events, while another complaint concerned that same resident’s fear that the food truck employed during the grand opening event would attract mice to neighboring properties. There was also a complaint about the increase in traffic, although Filler noted that there haven’t been any traffic incidents since her business had opened.
Recently, Duke’s also received a surprise inspection from the Portage County Health District, who received information that the business was allegedly operating a campground on the premises, which was proved to be unfounded. “I want to be a good neighbor,” Filler noted, “but I don’t know how to respond.”
“They’ve taken what should be a celebration and replaced it with a dark cloud of uncertainty,” she explained. “We’re living in limbo. Is all we’ve done going to be taken away? If so, we would be financially destroyed. This not knowing is killing me,” she admitted.
To try and address the issue head-on, Filler attended the July 1st Trustee meeting, noting, “Enough is enough.” She and many supporters crowded Freedom Township Hall to address trustees and put an end to what they consider harassment. Filler noted, “ There’s no reason not to want us in the community — we’re an asset.” Filler acknowledged being buoyed by the efforts of those supporters, and delighted that many residents, most of whom she’d never met, also voiced their support of her business in their community. “This is scary — this is our livelihood.” She continued, “We tried to do the right thing, and apparently, it doesn’t even matter.”
She noted that supporters attempted to turn in signatures — nearly 6,000 of them — from an online petition to trustees in support of her business. The request was denied; the group was told that the meeting had already been adjourned. The group plans to make the same request at the next public meeting to have the signatures added to the township’s official record. In a township of less than 3,000 residents, a petition with nearly 6,000 signatures stands as a testament of the reach of this new business that draws people outside the community to spend their time and money in Freedom Township.
Regardless, no official decision was made by the township, and later, a closed-door meeting was held between the trustees and the county prosecutor’s office to discuss the issue. Filler noted, “Trustees Martin and Zizka continue to insist that her business must apply for a conditional use permit, while Trustee Derthick disagrees, noting it isn’t necessary. Filler added that according to Assistant Prosecutor Brett Bencze, the Prosecutor’s opinion on the matter hasn’t changed. She noted, “Mr. Zizka and his relative are looking to bring us down, and are willing to go over the Prosecutor’s head for the decision they prefer. And it’s getting us nowhere.”
She noted that a lawsuit being filed against the Township by another individual, Brian Ames, who has successfully sued other cities and townships for similar issues. She noted that Ames shared Ohio Supreme Court case law that is strikingly similar to her situation. “It specifies that dogs are in fact considered animals as it relates to animal husbandry and agricultural exemptions, which is what Mr. Zizka is insisting is the problem.”
Filler wondered whether this new development would help resolve her situation, or simply “add fuel to the fire.” She explained that pursuing legal action is, “not what I want to do — to sue a community where we plan to retire.” She added, “But we’re tired of worrying about our livelihood.”
Meanwhile, Duke’s Splash N’ Dash is open throughout the remainder of the season, which is scheduled to run through October. For more information, visit Duke’s Splash N’ Dash on Facebook.
Editors Note: The spelling of Zizka’s last name has been corrected. We apologize to the Ziska family for the error.
