The American Pit Bull Rescue Association has put a $10,000 non-refundable deposit on a 160-acre farm in southeast Butler County for its proposed rescue dog kennel.

Now the group’s president, David Hibler of Omaha, wants county officials to allow him to build the kennel — even if new zoning regulations that could ban such facilities are adopted in the future.

“I am under the impression that we are grandfathered in,” Hibler said in an interview this week.

Hibler said he made that assumption after talking to County Board Chairman Wayne Hassebrook of Bellwood twice on the phone last month.

He said he sent County Attorney Julie Reiter an e-mail Nov. 27, asking her to clarify the county’s position, but somehow it never got through. Hibler said he got an error message that the e-mail never reached Reiter’s computer after he had already bought the property.

Butler County has no zoning restrictions that would ban rescue dog kennels, but officials are working on a comprehensive plan and zoning regulations that could affect the rescue kennel project.

Reiter said Thursday she never got Hibler’s e-mail.

 “He sent the e-mail to the wrong address. That’s why it came back,” Reiter said. “He never disclosed any sites or locations to us that he was interested in purchasing. … I didn’t have any idea that he was planning on purchasing any property.”

Hassebrook said he did talk to Hibler but gave him no assurances.

“I never once said that he would be grandfathered in,” he said.

Reiter and Hassebrook said they did not know if the new zoning regulations would include a ban on pit bull kennels. Reiter said Hibler needs to continue to monitor what the Planning Commission and county board are doing in that regard.

Reiter has expressed her concern to the County Board about possible risks to public safety. She also said commissioners have heard from some county residents, who have spoken out about Hibler’s proposed project, which would initially hold about 48 dogs.

Hibler said he is puzzled by Reiter’s statement in a Nov. 30 letter to him which read: “You are hereby placed on notice that you should ensure compliance with all of the county regulations and future county regulations being developed as well as any other state regulations that may be applicable.”

Said Hibler: “How do you comply with something you know doesn’t exist, yet?”

If county commissioners stop the group’s plans to build the rescue kennel, Hibler said he would seek damages to recover his $10,000 down payment.

Reiter said the county is not responsible for any damages.

“I think he got a prime piece of agricultural property for good value,” she said. “He will make a return on his money regardless what he does with that property.”

Meanwhile, Hibler said, he will try to meet with the County Board as soon as possible. The board’s next meeting is Dec. 17.

Hibler said the group bought the land for the sole purpose of building the kennel facility. He got the 160 acres at a Nov. 30 auction at the American Legion Hall in Brainard. His winning bid was $416,000.

Hibler said the land for the proposed kennel, to be called the “Good Newz Dog Hotel,” is about five miles northwest of the 10 acres he owns in Saunders County near Valparaiso.

In 2005, Hibler tried to build a shelter for pit bulls on that property, but his application was turned down by the Saunders County Board.

Now, he is spearheading a project to build a national, and possibly international, rescue kennel for abused pit bulls. He said the kennel would be built on 10 acres surrounded by an 8-foot fence.

On Wednesday, Hibler elaborated on his plans for the rest of the property, disclosing the $3 million project also would include a movie studio. He said his group plans to make documentary and family-oriented films on the proper care and treatment of pit bulls.

Pit bull terriers have a reputation for attacking other dogs, as well as people, but supporters of the breed contend they can be well-behaved, family dogs.

“They’re the most loyal and devoted and loving dogs that you can have,” Hibler said.

Eventually, the group would like to build a 12-room lodge. Hibler said the “time share” lodge would attract people who want to enjoy the rural countryside, and those interested in learning about and working with pit bulls.

“We see it as a chance to do a lot of good for the dogs and address a need in society that no one is addressing,” Hibler said.

Reach Algis J. Laukaitis at 473-4240 or alaukaitis@journalstar.com.