Opinion

Town of Windham v. Wehner

Court
Superior Court of Maine
Filed
Feb 26, 2015
Status
Unpublished
On the bench
Peter Darvin
Cited by
0 cases

The opinion

STATE OF MAINE DISTRICT COURT

CUMBERLAND, ss: Location: Portland

Docket No. PORDC-CV-14-603

TOWN OF WINDHAM,

Petitioner/ Applicant

vs. DECISION AND ORDER

(Animal Welfare-17 M.R.S. § 1021)

ELINOR WEHNER,

Respondent

This matter came before the court for hearing today on the Town of

Windham's application/ petition' for a possession order pursuant to 17 M.R.S.

§ 1021(5)-A). An assistant District Attorney represented the Town of Windham.

The respondent appeared as an unrepresented litigant. The subject animals, are

13 Chihuahua dogs' who are identified by names and information set forth at

Exhibit #18, which is attached hereto and incorporated herein. The animal

control officer seized these 13 dogs on December 11, 2014 and the application for

an ex parte possession order was filed and approved the following day.

The statute requires the respondent to show cause why the animal should

not be seized permanently. The respondent testified as the only witness

presented on her behalf. The Town of Windham presented the expert testimony

of Dr. Douglas Kern (veterinarian), the animal control officer, Trista Comtois and

Patsy Murphy, the Director of the Animal Refuge League. After consideration of

the testimony and evidence, the court finds that respondent has not met her

burden to show cause why the animal should be returned to her as requested.

Instead, the court finds that the evidence establishes that the respondent was

unable to properly care for the large number of dogs and that as a result the dogs

suffered from neglect and mistreatment. Specifically, one dog had two broken

1

The petition was filed by Trista Comtois, the animal control officer for the Town of

Windham. Whether the caption of this case should be "In re Elinor Wehner" or some

variation of Town of Windham (Animal Control Officer on behalf of Town of Windham)

is left for another day.

2

The petition was filed on behalf of 17 dogs. However, the animal control officer

testified that between the time she prepared the petition and the actual filing of the

petition, respondent's daughter had picked up 4 dogs and brought them to live with her in

Standish. The petition is amended to reflect the 13 dogs identified above.

paws for which respondent had failed to seek or obtain proper treatment and the

majority of the dogs had serious periodontal problems and hygiene issues

(excess nail growth due to lack of proper grooming). Respondent is 74 years old

and testified that she was homeless and on a fixed lower income. She is well

meaning and there is no doubt that she loves her animals "as if they were her

children." However, it is clear that at present she is not able to care properly for

these dogs and her neglect, even if not intentional, constitutes cruel treatment of

the animals.

Based on the testimony and evidence presented, the application of the

Town of Windham is GRANTED and it is HEREBY ORDERED that the Town

of Windham is authorized to take permanent possession of the 13 Chihuahua

dogs, identified on Exhibit #18, and respondent's ownership rights are declared

forfeited. The Town of Windham is hereafter authorized to provide for the

animals, sell or transfer the animals, place the animals for adoption or make

other permanent placement plans for the animals. A writ of possession may issue

upon request to the court by the petitioner I applicant. A lien is further

established in the amount expended for the care of the animals as provided for

by statute.'

The Clerk of Court is instructed to incorporate this order by reference by a

notation made upon the civil docket pursuant to M.R.Civ. P. 79(a).

~ Judge, District Court

STATE OF MAINE

Cumberland. ss Clerks Office

FEB 2 7 2015

RECEIVED

3

17 M.R.S. § 1021 (6).

2

Animal Refuge League of Greater Portland Invoice

PO Box 336 Date Invoice #

Westbrook, ME 04098-0336 1/20/2015 14-2731

Phone# '207-887-7217 www.arlgp.org

Town ofWindham

8 School Rd.

Windham, ME 04062

Due Date

2/1 9/20 I 5

SCOt. C>f'l t \()C\

Description -..J Qty Rate Amount

Pa1iial Invoice through Ol/1 1115

Andy A072327-boarding 3I 20.00 620.00

Buff A072326-boarding 31 20.00 620.00

Buff A072326-meds 20.00 20.00

Copper A072338-boarding 31 20.00 620.00

Copper A072338-meds 50.00 50.00

Copper A072338-vet visit 25.00 25.00

Elvis A072334-boarding 31 20.00 620.00

Elvis A072334-meds 55.00 55.00

Elvis A072334-vet visits 50.00 50.00

Figi A072328-boarding 31 20.00 620.00

Gumby A072336-boarding 3! 20.00 620.00

Gumby A072336-med 60.00 60.00

Gumby A072336-vet visits 50.00 50.00

Juniper A072333-boarding 31 20.00 620.00

Juniper A072333-med 50.00 50.00

.Juniper A072333-vet visit 25.00 25.00

Kit A072331-boarding 3I 20.00 620.00

Juniper A072333-meds 40.00 40.00

Juniper A072333-vet visit 25.00 25.00

Viol_et A072330-boarding 31 20.00 620.00

Violet A072330-vet visit 25.00 25.00

Piper 072332-boarding 31 20.00 620.00

Piper 072332-meds 20.00 20.00

Piper 072332-vet visit 25.00 25.00

Everyone Deserves n Happy Home

Total

~ STATES I I

! EXHIBIT

~ --~~-

1c.v ··V{ -&o 3

Animal Refuge League of Greater Portland

Invoice

PO Box 336 Date Invoice#

Westbrook, ME 04098-0336 I /::?0/20 IS I4-273I

Phone# 207-887-7217 www.arlgp.org

Town of Windham

8 School Rd.

Windham, ME 04062

Due Date

2/1912015

Description Qty Rate Amount

Onyx A072335-boaring 31 20.00 620.00

Onyx A072335-meds 55.00 55.00

Onyx A072335-vet visits 50.00 50.00

Marigold A072329-boarding 3I 20.00 620.00

Marigold A072329-meds 60.00 60.00

Marigold A072329-vet visits 50.00 50.00

Everyone Deserves a Happy Home

Total $8, I 75.00

:OF COURTS

,erland County

, Street, Ground Floor

.nd, ME 041 01

ELINOR WEHNER

7 HOEFLICK ROAD

STANDISH, ME 04080

"·-- ____ _, ·--·-- ... --~-----~-- ------·---

- ------ ----·---

:OF COURTS

•erland County

'Street, Ground Floor

.nd, ME 04101

Michael H. Madigan Esq.

Cumberland Cty. D.A. 's Office

142 Federal Street, Portland, ME 04101

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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