Hamilton Place Pet Store Agrees To Comply With State Requirements

Also, DA's Office Gets Records From Paty Office On Littlefield Correspondence

Wednesday, July 28, 2010 - by Judy Frank

A controversial pet store in Hamilton Place Mall, saying that it wants to continue to operate in Chattanooga, has agreed to follow the practices mandated by Tennessee regulators in order to keep its license.

In a letter emailed Wednesday to representatives of the Tennessee Department of Agriculture’s division of regulatory services, attorney Andy Pippinger said the business will meet the minimal standards state officials outlined last week.

And in a separate development, sources said the district attorney's office has requested records from the office of City Court Judge Sherry Paty regarding all correspondence she received from Mayor Ron Littlefield regarding the Pet Company case that was in her court.

Judge Paty earlier hand-delivered a request to District Attorney Bill Cox
that he look into whether there were any violations involved in an e-mail from the mayor to the judge while the case was pending.

Judge Paty recused herself from the case, saying the ex parte communication from Mayor Littlefield was "improper, unethical and perhaps contemptible."

Concerning the state matter, attorney Pippinger told Keith Hodges, the attorney representing DOA, in an email:

July 28, 2010

Keith Hodges, Esquire
Counsel
Tennessee Department of Agriculture
Division of Regulatory Services

Re: City of Chattanooga v. United Pet Supply
City Court of Chattanooga

Dear Keith:

Thank you for meeting with us on July 19, 2010, to discuss the department’s concerns arising from the June 15 raid of the Pet Company store in Chattanooga and the seizure of its animals by the McKamey Animal Center. As you are no doubt aware, the trial in the municipal court came to an abrupt half on Monday when the judge declared a mistrial. A copy of the court’s order is attached. Prior to the mistrial, the court had determined that there was no legal basis to revoke The Pet Company’s city license and that it was entitled to the return of its animals.

Nevertheless, it is The Pet Company’s sincere desire to work cooperatively with the department from the “best practices” standpoint and to continue to operate its business at the Hamilton Mall. Therefore, in response to Mr. Hopper’s letter dated July 21, 2010, we agree that the items listed do not deviate from the company’s operating manual which exceeds the legal requirements set forth in the applicable Tennessee regulations. We also agree that the continuing and consistent application of these practices will assist both the department and The Pet Company in carrying out their respective duties. On that basis, The Pet Company accepts the recommendations set forth in your letter. If clarification of any of these items becomes necessary, we will contact you for further guidance.

Lastly, if it would be at all feasible, we would request that a representatives from the department meet with our staff at the Hamilton Mall immediately prior to “reopening” so that we can both be assured that the Department’s concerns have been satisfied.

Cordially,

M. Andrew Pippinger
For the Firm
E-mail: andy.pippinger@leitnerfirm.com


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