Erected in the heart of the tourist complex of the former president of Stade Rennais, René Ruello, the prestigious kennel had precisely been authorized to breed 180 dogs and 30 puppies. But, in March 2017, the administrative court of Rennes had ruled in favor of five residents who had worried about the “noise and odor nuisance” of this pack of dogs. They were also worried about water pollution: “faecal bacteria” had been found at the outlet of a wastewater treatment nozzle, after the reed bed supposed to filter them, in a stream which then flowed into a “Swimming pond”.
“Pollution by waste water”
Between this first instance trial, in 2017, and a first appeal trial in 2018, three of the residents withdrew “under political pressure,” said their lawyer, Me Ismaël Toumi. The Nantes administrative court of appeal had finally disowned the last two refractory, considering that they had “no interest in acting” against the contested decision.
But in July 2020, a new twist had occurred in this judicial saga: the Council of State had reversed this legal analysis. This time, the Nantes administrative court of appeal ruled in favor of the residents. “The applicants at first instance established, with sufficient precision, that their homes were located approximately 600 meters from the kennel,” noted the judges. “They invoke pollution by wastewater from a path and a stream feeding a swimming pond, close to their subdivision, producing a bailiff’s report and several laboratory analyzes to this effect. “
The crew of the hardouinais did not “justify its financial capacities”
The association L’Équipage de la Hardouinais also did not “justify its technical and financial capacities” to establish that it was able to operate and possibly subsequently dismantle this kennel of hunting dogs. .
The operating license issued in 2014 was therefore canceled, and the Équipage de la Hardouinais association was ordered to pay € 1,500 to the last two recalcitrant residents for their legal costs. “We are organized in association, but I do not decide on my own, so we will meet in a few days and think about what to do with this judgment which is not favorable to us, comments Michel de Gigou, President of the Crew. de la Hardouinais. There will inevitably be one, but there are options (…) A new recourse, these are costs to be incurred, we have already done a lot of work and, I would like to emphasize, that for administrative problems and not problems pollution ”.