Chandler couple get legal help in flap over day care - East Valley Tribune: East Valley Local News

Chandler couple get legal help in flap over day care

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Posted: Wednesday, August 27, 2003 7:48 am | Updated: 2:01 pm, Thu Oct 6, 2011.

The legal group that has fought cities over property rights has intervened on behalf of Chandler resident Teresa Bagdol in her quest for a permit to run a day care out of her home.

The Arizona chapter of the Institute for Justice, a nonprofit public interest law firm, sent a letter to Chandler Mayor Boyd Dunn and members of the City Council on Monday urging them to visit the neighboring residences owned by Bagdol and her husband before deciding on the use permit Thursday.

"I sincerely believe city staff has provided an incomplete report that does a disservice to the community," wrote attorney Timothy Keller. "If the City Council acts to deny Ms. Bagdol her right to earn an honest living, the Institute for Justice stands ready to vindicate her constitutional rights."

After a fruitless search for a larger home in Chandler in which to live and run her inhome day care, Teresa and Frank Bagdol purchased the home next door to theirs in the 2600 block of West McNair Street. They intended to reside in one and use the other as a day care.

City staff recommended denial of the permit because city code allows a permit for an in-home day care center only at the applicant’s primary place of residence. To appease the city, the Bagdols turned both homes into their primary residence by having their children, ages 15 and 18, sleep in one home and Teresa and Frank Bagdol sleep in the other.

Vice Mayor Lowell Huggins and Councilman Bob Caccamo said they will rely on staff to assess the residences, but several members of the council said they intend to tour the homes before Thursday’s meeting.

Keller said he was "simply outraged" when he read about the Bagdols’ situation.

"What Ms. Bagdol has done is come up with a creative solution to solving a very real world problem. Nothing Teresa is doing in any way impacts or harms the residential character of this neighborhood," he said.

The Institute for Justice also intervened in the effort by Mesa businessman Randy Bailey to stop the city from condemning his brake shop to make way for a downtown redevelopment effort.

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