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