But Noblitt, who now lives with her dog, Blu Gator, in an apartment complex in downtown Issaquah, still insists her civil and constitutional rights were violated when Issaquah Highlands banned pit bulls. She isn't dropping her lawsuit against the association.

Blu Gator's owner says she has more than lawsuits to worry about, however. Her home is up for sale, she and her boyfriend broke up -- and, she says, she's 4½ months pregnant. 

As an about-to-be single mother, she hopes her lawsuits will lead to a financial settlement.

``This has cost me everything,'' said Noblitt. 

Among others, she's suing the president of the homeowners' association and the president of the development company, Port Blakely Communities.

Noblitt acknowledges that state law allows breed-specific bans, but she says due process and procedural guidelines were ignored when the ban was implemented.

``You cannot do it in the way you did it,'' is how Noblitt summarizes her claim against Issaquah Highlands.

When the ban was first enforced in March, Noblitt and Blu Gator were already living in the development. The homeowner's offered to ``grandfather'' in Blu Gator if Noblitt met certain conditions.

Among other things, the pit bull needed to be muzzled, spayed, kept in a secure kennel and covered with a $250,000 liability insurance policy.

Noblitt refused.

The rationale for special treatment of specific breeds is based on the assumption that certain dogs are genetically more pre-disposed to lethal attacks.

In a special report issued by the American Veterinary Medical Association in 2000, 27 people died from dog bites in 1997 and 1998.

According to the report, ``pit bull-type'' dogs and Rottweilers were responsible for around 60 percent of the deaths.

Asked if she would be comfortable having her new baby and a 60-pound pit bull living in the same apartment, Noblitt was unequivocal.

``Absolutely,'' Noblitt said. ``They are wonderful with children.

``Petey, on Little Rascals, was a pit bull.''

Peggy Noblitt, the owner of the 60-pound, female American Staffordshire terrier, has refused to abide by what she calls discriminatory conditions imposed on Blu Gator by the Issaquah Highlands homeowners' association.

She has responded to a suit from the homeowners' association by launching a countersuit of her own.

Among other things, the homeowner's association has ordered the pit bull to be muzzled, spayed and confined inside a secure kennel when she's in the back yard. Noblitt is also supposed to take out $250,000 of liability insurance.

Both sides say initial hearings could begin as early as next month.

In an alleged case of pooch profiling, Noblitt says Blu Gator is being singled out because similar or related breeds have been involved in highly publicized attacks on people.

The homeowners' association, backed by Port Blakely Communities, the developer of Issaquah Highlands, wants the court to enforce the special conditions or order Blu Gator out of the residential development.

John Adams, president of the homeowner's board and a Port Blakely Communities employee, says the legal focus of the case is simple.

``Can a homeowners' association adopt and enforce a rule?'' he said.

Valerie Bittner, Noblitt's attorney, says the state Supreme Court ruled in 1998 that restrictive covenants for homeowners are legal -- but only if they're applied in a ``reasonable, rational, fair, impartial, prudent and nondiscriminatory'' manner.

That hasn't happened with Blu Gator, Bittner said.

The homeowners' association says it began enforcing a ban on pit bulls in March. But Blu Gator, in place before the ban, was ``grandfathered in'' by the association with the aforementioned conditions. 

The rationale for setting special conditions for specific breeds is based on the assumption that certain dogs are genetically more pre-disposed to lethal attacks.

But delving into the available evidence produces questions as well as answers.

In a special report issued by the American Veterinary Medical Association in 2000, statistics were accompanied by cautions.

In 1997 and 1998, the report says 27 people died in the U.S. from dog bite attacks. Rottweilers and ``pit bull-type'' dogs were responsible for around 60 percent of the deaths.

But the report points out that pit bull statistics are problematic: 

* There is no well-defined pit bull breed. Several breeds fall into that general, nontechnical category.

* The intense publicity some pit bull attacks have generated may have led to an overreporting of pit bull incidents in witness accounts and media stories.

* Pit bulls have become popular with owners who train their dogs to be aggressive and dangerous.

The last point raises the nature versus nurture issue in Bittner's mind.

``The dog is very sensitive to the cues you're giving it,'' Bittner said.

Adam Karp, a Seattle attorney who specializes in animal law, points out that attack totals for a specific breed are meaningless because we don't know the population numbers for specific breeds.

In 1997 and 1998, 10 fatal attacks were attributed to Rottweilers. But because we don't know how many Rottweilers existed in the United States during that time, it's impossible to know what percentage of the breed was involved. 

``Without knowing the number of animals in the United States by breed, one cannot meaningfully compute risk,'' Karp said.

Noting that cities, apartment houses and other entities make rules about what kinds of pets are allowed, Adams is optimistic the homeowners' association will fare well in court.

But Bittner believes the constitution provides protection from the ``unchecked power of private government schemes.''

``This is not just a dog case,'' Bittner said. ``This is about the whole power structure of homeowners' associations.''

The legal action follows Peggy Noblitt's refusal to comply with special rules for Blu Gator, a 1-year-old dog many residents say falls into the ``pit bull'' category.

In addition to muzzling Blu Gator, Noblitt has been told to spay her, confine her inside a secure kennel when she's in the back yard, and take out $250,000 of liability insurance.

Noblitt, who describes Blu Gator as friendly and playful, says her dog shouldn't be discriminated against because similar or related breeds have been involved in highly publicized attacks on people.

Port Blakely Communities, the developer of Issaquah Highlands, hopes the court will help in one of two ways.

``The court will either order that the rules be complied with, or that the dog be removed from the community,'' said John Adams, a Port Blakely official.

But Noblitt, 37, says she will fight back. Her attorney is preparing to file counter claims, perhaps as early as this week.

In March, the homeowners' association began enforcing a new rule banning pit bulls from the planned community.

But Noblitt's dog was ``grandfathered in,'' so long as the special conditions were complied with.

Issaquah Highlands' rules are not unique. Many cities, including Kirkland and Everett, also impose muzzle requirements and other special conditions on pit bulls.

Noblitt says she wholeheartedly endorses dangerous-dog legislation, but objects to rules that focus on individual breeds.

If her dog became aggressive or dangerous, she would put Blu Gator down, Noblitt said.

ISSAQUAH -- The owner of a pit bull and the homeowners' association at Issaquah Highlands might be heading to court. Peggy Noblitt, 37, says Blu Gator, her 1-year-old Staffordshire bull terrier, is being discriminated against by a requirement that she wear a muzzle. ``I'm fighting this,'' said Noblitt, a three-year resident at Issaquah Highlands. ``I do not want to adhere to any unique or discriminatory rules.'' In March, the homeowners' association began enforcing a new rule banning pit bulls from the planned community. But Noblitt's dog was ``grandfathered in,'' so long as certain conditions were met. In addition to the muzzle requirement, Noblitt must, among other things, spay her dog, confine it inside a secure kennel when it's in the back yard and take out $250,000 of liability insurance.

Maxwell Balmain/Journal  Peggy Noblitt says her Issaquah Highlands neighbors have nothing to fear from her Staffordshire bull terrier, Blu Gator.

ANIMAL CONTROL PETS COMMUNITY LIFE ACCIDENT PREVENTION

Issaquah Highlands developer Judd Kirk said efforts are being made to bring Noblitt into compliance.

``If that can't be done, we'd have to pursue legal steps,'' Kirk said. He declined to say what those steps might be.

Noblitt, who has hired a lawyer, says Blu Gator is a friendly dog and shouldn't be penalized for highly publicized stories about pit bull attacks.

``Every person that has met her adores her,'' Noblitt said. ``All she wants to do is play.''

But Erick Zimmerman, a homeowners' committee member, said there have been multiple incidents of Blu Gator lunging toward children or pets.

As for Noblitt's contention that homeowners are on shaky ground with the pit bull ban and special conditions for Blu Gator, Kirk disagrees.

``It's clear under the CCRs (covenants, conditions and restrictions) ... that they have the power to do it.''

Issaquah Highlands' requirements are not unique. Many cities, including Kirkland and Everett, also impose muzzle and other requirements on pit bulls.

Noblitt says she wholeheartedly endorses dangerous-dog legislation, but objects to rules that focus on individual breeds.

If her dog became aggressive or dangerous, Noblitt says, she would put Blu Gator down.

Fighting for equal treatment of her pet has been expensive.

``It's cost me a fortune,'' Noblitt said. ``I have a three-ring binder on this whole issue.''

Those legal costs may escalate as the standoff continues.

Noting that Noblitt has not complied with the required conditions, Zimmerman says the homeowners association has few options.

``Our only choice now is to take the next step,'' Zimmerman said.