J.R. Simpson, attorney for Burke County, said a temporary restraining order was granted Tuesday until a hearing at 9 a.m. Friday at the Burke County Courthouse to determine whether the restraining order will continue until a trial on a lawsuit filed Tuesday against the county can be held.
Candy Ann Bowman, owner of an Alexander County animal rescue group who claims she is the legal owner of Bella, filed a lawsuit Tuesday afternoon against Burke County, Burke County Sheriff Steve Whisenant and Tracy Taylor. Taylor, of 204 Airpark Drive in Morganton, is the woman who surrendered Bella to animal control on Jan. 11, claiming she was the owner of Bella and that the dog had bitten her son.
The lawsuit, filed in Burke County by Bowman's Attorney, Jared Amos, of the law office of Jared T. Amos of Morganton, calls for an injunction and temporary restraining order. The plaintiff alleges that Taylor misrepresented herself as Bella's owner to Animal Control for the purpose of having her euthanized. Bowman says in the suit that she is the rightful owner of Bella, and has a receipt and veterinary records from the previous owner.
“We asked for the order for two reasons," Amos said. "One was to make sure that Bella stayed alive until the investigation was complete. The other was because there’s a serious question about ownership. We wanted to have the option to have a court make that decision.
“The Sheriff’s Office received copies of vet records, photos, videos and a form that was signed and dated by Bella’s previous caretaker.”
The lawsuit says that on Jan. 10, Taylor agreed to take Bella on a trial basis to determine if she wanted to foster or adopt the dog. The lawsuit said that Taylor made numerous Facebook posts that day praising Bella, but less than 10 hours later, Taylor blocked Bowman from Facebook and posted "well the new dog Bella bit Dillon in the face ... sorry to say but I've had to let Bella go ... best wishes to her and her new family ..." and, "One of my friends has her, they live on a farm shell (sic) be happy there."
Bowman later learned that instead of sending Bella to a nice farm, Taylor called Animal Control and represented herself as Bella's lawful owner, and signed documents requesting that she be killed.
The lawsuit is asking for a temporary restraining order and injunction until a trial to determine Bella's true owner is held.
“Bella will stay at Animal Control through Friday," Amos said. "At that time, we hope the judge will release her to Ms. Bowman.
“The judge is authorized to release Bella to a caretaker pending a hearing. The judge could dissolve the order, and Animal Control can do what they want with Bella. We hope the judge will extend the restraining order to keep Bella alive.”
The lawsuit is also asking that Taylor be "liable for actual damages and expenses as a result of her unlawful conduct and acts of conversion, including any costs, taxed by the county for impoundment fees." It also asks for Bella to be returned to Bowman, pending a hearing on the merits. The suit goes on to ask that Bowman be determined the true owner of Bella and that she is entitled to recover possession of the dog from the defendants. She's also asking for punitive damages from Taylor, in an amount to be determined by the court.
“We’re asking for the cost to board Bella at Animal Control and court expenses," Amos said. "If the court decides to award any additional punitive damages, that money will be donated to an animal rescue organization.”
The lawsuit also calls for an order permanently preventing Taylor from adopting any other dog.
Bowman also is requesting a trial by jury on the case.
Amos said that naming the county and sheriff in the suit was due to their authority over the shelter.
“Sheriff Whisenant is named because he is the head of the sheriff’s department and Animal Control. It's nothing personal against him," Amos said. "The county owns the shelter, so that’s why they are named. Again, it’s nothing personal against Burke County.”
Bella supporters showed up in full force to the Burke County Board of Commissioners meeting Tuesday night to beg for her life, and for a change in the county animal control ordinance to prevent so many animals from being killed in the county every year.
Commissioners didn't say a lot about the case, as Simpson reminded them they now part of a lawsuit.
(Morganton.com - Jan 19, 2016)
Earlier:
No comments:
Post a Comment