Algonquin dog waste case finally over after lawsuit dismissed

The long-running saga surrounding a dog waste receptacle and the Algonquin woman who didn't want it outside her home finally appears at an end.

Carrie Fosdale voluntarily dismissed her small claims lawsuit against the Old Oak Terrace Homeowners Association and two of its officials this week as part of a settlement agreement approved by a McHenry County judge.

Terms of the settlement were not disclosed, and a court order filed restricts either side from discussing the terms or even admitting publicly that they struck a deal. The case was dismissed with prejudice, barring either side from refiling.

Christopher Waple, an attorney for the homeowners association, was not available for comment Thursday. Fosdale could not be reached immediately for comment.

She sued the association in November, trying to recover the $4,328 she says she spent on legal fees, time off work and court costs while defending herself against a misdemeanor theft charge for removing the container from outside her townhouse in the 900 block of Old Oak Circle.

Algonquin police arrested Fosdale in November 2008 after she took the receptacle, placed about 25 feet from her front door, and stowed it in her garage.

Fosdale never denied removing the container, but said she never intended to steal it. Instead, she maintained she was making a point after association officials did not respond to her concerns that the receptacle was a health hazard.

McHenry County prosecutors dismissed the charge in September, saying there was no evidence Fosdale meant to permanently deprive the association of its property.