Judge rules dogs can run free in Dundee Twp. preserve

Dogs can have their day without a leash once again at the Schweitzer Woods Forest Preserve in Dundee Township.

Kane County Judge Michael Colwell determined Wednesday that dogs can run off-leash in a 5-acre fenced-in dog run on the property year round.

The Kane County Forest Preserve Commission had asked the judge to interpret the intent of Emily Schweitzer, who deeded the dog run as part of a 28-acre parcel to the forest preserve in May 2002.

Schweitzer donated a larger parcel in 1990.

In her will, Schweitzer included a section stating that dogs could not be off-leash from April to September, a provision assumed added to protect birds in the area. The 5-acre parcel, which is adjacent to the Jelkes Bird Sanctuary, was used as an exercise area for the Irish setters that Schweitzer bred.

In May, the Kane County Forest Preserve executive committee reaffirmed a decision to require leashes and posted signs notifying users of the new policy.

But Schweitzer's attorney and sister were adamant that the provision did not apply to the dog run.

In his ruling, Colwell agreed.

"The court declares ... that the existing 5-acre fenced area within the 28-acre parcel ... may be used by the district and its patrons for off-leash dog exercise year round," Colwell said. "Moreover, the court holds that this 5-acre fenced parcel ... is an existing improvement as contemplated under the last will and testament of Emily Schweitzer."

Kane County board member Deborah Allan, who represents District 17, said the parcel is a valuable amenity.

"This is the best news," Allan said. "The community adores it and people take care of it."

Patrons of the park say the area is a much-needed space for dogs and owners, alike.

"I am ecstatic," said Jessica Frost, president of Friends of Schweitzer Woods. "It is the only fenced in park in all of norther Kane County and that fence is important to owners who have dogs that are not full trained, which is most of us."