A superior court judge will review a decision by the Southern Pines Town Council to prevent the Humane Society from building an animal clinic off Airport Road.

The Humane Society of Moore County initiated legal action against the town over a May 9 decision by the Town Council to deny its request for a permit to build the $1 million animal clinic and center near Airport Road and N.C. 22.

The 12.5 acre tract is within in the town’s extra-territorial zoning jurisdiction.

The judge’s order was filed Monday in Moore County Superior Court in response to a complaint lodged by HUSOM attorneys Jay DeVaney and David S. Pokela on June 8, asking the court to intervene. It asks that the town provide a complete record of the case to the court within in 30 days.

No date was set for the hearing.

The council determined on May 9 that it could not consider an amended application from the Humane Society because the changes were made after it was filed with the town.

The council shut off a scheduled public hearing on the matter.

Meanwhile, the dispute between HUSOM and Moore County could be temporarily resolved under a proposal by County Commissioners Chairman Michael Holden.

Holden confirmed Tuesday that he has talked with humane society officials about working out an agreement to allow the nonprofit organization to continue operating the county animal shelter for the county after June 30. That is when HUSOM originally said it was terminating its contract with the county to operate the shelter.

This would give both sides more time — for the Humane Society to find a site for its center and for the county to make arrangements to take over running the animal shelter. Under state law, counties are required to provide animal shelters where strays must be held at least three days before being put up for adoption or euthanized if the owner cannot be located.

Holden said he held preliminary talks with the humane society about working out an agreement.

“We hope to work something out of benefit to them and to us,” Holden said.

Long Struggle

HUSOM has struggled for over a year with Southern Pines to get approval of a location for its new facility.

The center will include a clinic for spaying and neutering animals. It will focus on adopting animals and educating the public about being responsible pet owners.

Initially, the humane society had planned to operate an animal shelter as a part of its facility, until it decided to terminate its contract with the county earlier this year.

The group made changes to its application with the town for a conditional use permit for the center.

The town Planning Board had recommended that the council approve the amended application.

In the complaint filed in Superior Court, lawyers for HUSOM want a judge to reverse the Town Council’s decisions and allow the group to build its center. It calls the council’s decision “arbitrary and capricious” and “an error of law” because the proposed facility is a permitted use under the town’s zoning ordinance.

The complaint accuses several town council members of being “biased in their decision-making role because they have expressed that they do not want non-profit entities located on valuable property near the airport. As a result, petitioner was and is not able to receive fair, impartial, reasonable and careful consideration of its application and amended application.”

Town Manager Kyle Sonnenberg said Tuesday, “It is our understanding, based on the advice of our attorney, that we followed proper proceedures.” Sonnenberg said he could not make any further comments and referred questions to Town Attorney Doug Gill. Gill is out of town and could not be reached for comment.