Dispute over a boarding kennel in Winterthur escalates Farmer threatens neighbor with water hose and shots
An 83-year-old farmer threatens to spray a woman with a water hose - followed by gunshots. A dispute over a kennel escalates and ends up in court.
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- An 83-year-old farmer from Winterthur was convicted of threatening and assault.
- He threatened his neighbor, who has been running an illegal kennel for 25 years.
- The municipality had never intervened against the business, although according to the law it should have reacted to illegal use.
- Now the operator has to submit a subsequent planning application.
What began as decades of resentment has now ended in court: an 83-year-old farmer from the Winterthur region was convicted of threatening and assault in the first instance. His offense? He had sprayed his neighbor and her customers - the operator of an illegal boarding kennel for 25 years - with a water hose and is said to have threatened them with the words "S nöchscht Mal wird gschossen". This was reported by the "Landbote" newspaper.
The trial revealed the underlying causes of the conflict: the boarding kennel had been operated for over 25 years without a building permit. According to the farmer's defense lawyer, there is still no permit to change the use of the residential building.
In addition to the unlawful use of the right of way by customers of the kennel, the farmer is particularly bothered by the noise: customers sometimes bring and collect their dogs early in the morning and late in the evening, which has become an increasing burden for the elderly neighbor. His complaints to the operator, the municipality and the customers were unsuccessful.
Why didn't the municipality intervene?
The research shows: The municipality knew nothing - or didn't want to know. The current mayor claims that there were never any complaints - a statement that contradicts the defense lawyer's presentation.
Her predecessor in office, on the other hand, stated: "Where there are no complaints, we assume that everything is in order."
In fact, however, the municipality should have taken action as soon as it became aware of the illegal boarding kennel - for example by means of a written complaint or an official noise complaint.
Now the boarding kennel has to submit a planning application
The owner of the boarding kennel is surprised: "I didn't know that I needed a building permit." She has an operating license from the cantonal veterinary office, which regularly inspects the business and renews it every five years.
Now she wants to submit a subsequent planning application at short notice. However, it is uncertain whether she will get the permit. The property is located in the core zone, where "moderately disruptive businesses" are permitted. If the municipality grants the permit, the farmer could appeal against it - in which case the cantonal building appeal court would decide.
Similar cases - different rulings
In an earlier case in the same municipality, a planning application for a dog shelter with 20 places was rejected - on the grounds that the noise was unreasonable. The Federal Court confirmed the decision at the time.
The property at the time was located in a residential zone with commercial relief, where the regulations are stricter than in the core zone. The planned capacity was significantly higher (20 dogs instead of a maximum of 7).
The editor wrote this article with the help of AI.
