In erecting their super ranch house at exclusive Kismet Acres, the Van Pesters carefully complied with the building requirements of the Kismet Development Association. But when they moved in, they realized that they had no place for Homer, their enormous St. Bernard dog. So they had the contractor build Homer a handsome doghouse of leftover bricks. It measured seven by five by five feet, and even had a miniature chimney. Officials of the Kismet Development Association promptly protested the "eyesore." When the Van Pesters refused to pull it down, the association went to court.

"The building rules say no structure may be put up without our consent, and that fancy doghouse was certainly built without our consent," the officials said. "So we are entitled to a court order for its removal."

"What is home without a dog?" the Van Pesters countered. "The rules obviously apply to residences and garages. It is ridiculous to try to stretch them to include a doghouse. Kindly leave Homer's house undisturbed."
If you were the judge, would you let Homer continue to live in his dog mansion?

***

Homer and his owners lost. The court said that while a small portable doghouse would not be covered by the rules, Homer's mansion was of such permanent and substantial "size and construction" that the rules applied to it.

-- Based upon a 1946 New York decision.

-- By William Donaldson