FAYETTEVILLE, N.C.--- A Fayetteville man who wanted his day in court so that he could keep five dogs in his house, including two that belong to his son who is fighting in Iraq, didn't get a chance to plead his case. But he didn’t lose his dogs either.

 

 

Henry Carroll went face-to-face with Cumberland County and the county blinked.

 

Before he ever got a chance to utter a word at a public hearing Thursday night, county officials said they'd need more time to research the situation.

 

As a result, the county said no dogs will be removed from his premises for the time being.

 

County officials decided to defer action after the county attorney said he'd need more time to clarify issues between several county agencies.

 

“I didn't expect that,” said a stunned Carroll.

 

The ordinance limiting dog ownership to three animals has been on Cumberland County's books since 1972, but a shelter operator who was one of a number of people who came to support Carroll said that law's no good.

 

“It's a badly written law and similar laws have been held unconstitutional in many other states,” said Linden Spear, director of "The Haven" animal shelter.  “We hope the county realizes it's a badly written nuisance law and repeals it immediately.”

 

The controversy started when Carroll's son, Adam asked his dad to watch his two dogs while he was deployed overseas in Iraq with the 101^st Airborne. Henry Carroll’s landlord  said that he had no problem with that.

 

“He asked me if he could do it when he found out his son was going overseas,” said Mike Urian. “At the time I didn't see any violation. I didn't think the county ordinance would count possession as a violation. I thought ownership would be a violation.”

 

So for now, Carroll goes about caring for the dogs and waits for his next public hearing.

 

“I’m relieved.,’’ he admitted. “The burden ain't lifted yet, but I got more time to prepare for it now.”