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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116754
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My friends license dog kennel was not renewed. They

Customer Question

My friends license for her dog kennel was not renewed. They are appealing the ruling. I am not sure the exact circumstances but I was told by my friend that it was said they had too many adult dogs and that adult was undefined. Be that as it may my friend now has 60 dogs remaining,they were able to sell some dogs before the ruling but now they have saleable dogs that they can not sell and are in financial ruin. Is there anything they can do while waiting for the appeal to at least let them sell the dogs they have legally?

Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Why can't they sell the dogs? Legally there is nothing preventing them from selling is there? There is no court order preventing them from selling?
Customer: replied 2 years ago.

According to my friend the documents required were vet inspection records which the vet has taken responsibility for. Apparently one of the other vets was going through cancer and she did not get to the kennel in time. She is the vet for one of the board members and has written a letter to the judge. I don't know all the ins and outs but they aren't breeding and selling just wondering how they can get some kind of stay to sell the animals they have.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. I am afraid that under this circumstance, she is going to have to transfer the dogs to a licensed kennel to make the sale of the dogs, unless the council is willing to extend her time to get rid of the dogs. From what is stated here, she was given 9 months to straighten this out and this is going to require now that she transfer the dogs to someone else with a license to sell the dogs on her behalf.Her only other recourse would be that she would have to file in court for an injunction and to vacate the administrative decision against you. To vacate an administrative decision in WI you can only do so unless it is contrary to law or against the weight of the evidence. Here they can prove she was given chances to fix this and just could not do so. Thus, it means that she will need to make a deal with another kennel or multiple kennels to take her dogs to sell them for her I am afraid.
Customer: replied 2 years ago.

I don't understand what you mean by vacate the administrative decision "against you" do you mean against her or against the kennel.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.She is going to have to file a petition in court to vacate the decision from the council against her and her kennel and ask a court to reverse the decision, which is her only recourse unless she sends the dogs to another kennel to sell for her.
Customer: replied 2 years ago.

I'm not sure this is very helpful. As I mentioned they have requested an appeal so filing the petition is done. Why would having another kennel sell them for her be any different than transferring them to a private party. She has been looking at fostering out dogs which would mean they aren't in her care but eventually these people are going to want to purchase them. It isn't realistic to expect another kennel to accept and sell her animals, just won't happen. I am asking is there some type of legal motion she could file with a quicker response than waiting for the appeal which would allow her to sell the dogs which were in place at the time of the decision. What are the rules for selling dogs as a private party, people do this all the time or is she not allowed to do that specifically because of the ruling?

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.I do not know how much more helpful providing you information can be. From reading the documentation you provided, she has limited options. I am afraid the only thing she can file, which I did say above as well, is a petition to vacate administrative decision of the council and take the case to court to prove that their decision was against the law or was against public policy or that it was arbitrary and capricious and against the weight of the evidence. Those reasons are the only reasons that a court can vacate the council's decision and issue an injunction against the city to prevent them from shutting her down.For a court case, the law mandates she have an attorney representing her kennel to file anything in court.