$40,000 tab for pet care

McKamey seeks restitution for caring for allegedly neglected animals

PDF: Pet Company's Motion to Dismiss

Chattanooga has spent $40,000 housing animals seized from a local pet store, and now it wants its money back.

A City Court hearing Wednesday in which the city was seeking restitution from The Pet Company in Hamilton Place was the latest installment of a 38-day saga that began June 15 with a raid of the store.

Karen Walsh, executive director of the McKamey Animal Care and Adoption Center, testified she had "no idea at the time that this was going to last" so long and cost so much money.

"This is extremely rare for us to have a case go on this long," Ms. Walsh testified in front of Judge Sherry Paty.

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Lawyers for The Pet Company wondered in court why it costs $10 a day plus other expenses to care for one mouse, one of the types of animals seized. They also demanded to know why McKamey continues to rack up charges for 19 dogs that they said pose no health risks since being treated for intestinal parasites.

"We just want the animals back," Pet Company lawyer Andy Pippinger told the court. "It's time to stop the bleeding."

Mr. Pippinger's pleas came on the heels of Judge Paty's statement last week that she had no intention of revoking the store's city-issued license to operate. She told McKamey officials that the state ultimately is responsible for deciding whether the store can continue selling pets.

A decision is pending with the Tennessee Department of Agriculture as to whether regulators will begin proceedings to revoke the store's state operating license.

Judge Paty on Wednesday had yet to rule on the separate issues of restitution payments or the merits surrounding McKamey's allegations that The Pet Company neglected its stock of pets and acted cruelly and inhumanely.

Among the violations found June 15 was a nonworking air conditioning system, filthy cages, inadequate watering of dogs that led to dehydration and a poorly trained staff that knew little about the proper care of animals.

Should Judge Paty side with McKamey, The Pet Company could be responsible for restitution and other fines tied to the violations of the city animal care code, lawyers said.

But Ms. Walsh said Wednesday after the hearing that McKamey's original aim always was to put the store out of business, adding that the expenses McKamey has incurred are standard and sanctioned by the City Council.

She said weak state laws that mirror the minimum guidelines for animal care as outlined by the U.S. Department of Agriculture most likely will ensure the store retains its operating license.

"This was never about trying to get money from The Pet Company for the care of the animals. We wanted the animals adopted out to homes. Unfortunately that hasn't happened," Ms. Walsh said.

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