Oogie, Angel, Coco, Squeaky and Zoey had cause to celebrate Wednesday when the highest court in Maryland ruled in their favor.
The Maryland Court of Appeals by a 6-1 vote shot down the decision of a lower court that previously ruled in favor of neighbors who asked that the 30 monkeys at Frisky?s Wildlife and Primate Sanctuary in Howard County be removed. Neighbors said the monkeys posed a risk to public health.
Citing a change in Howard County law, the high court remanded the case back to Howard County Board of Appeals to determine, under the new county law, whether Frisky?s can keep the monkeys.
“We?re pleased with the decision,” said Fred Lauer, Frisky?s attorney. “We thought all along that we qualify under the animal-control law now in place, which says that if you?re an animal-control sanctuary, you can have those exotic animals.”
Frisky?s, a nonprofit managed by Colleen Layton, has served as a wildlife refuge and sanctuary in Howard County since 1976. It has been at its current Woodstock location since 1993. Layton and other volunteers take care of some 200 injured animals at any given time.
Two neighbors who live near the sanctuary sought to shut it down because they said the monkeys are violent and carry diseases. Layton has disputed those claims.
The Howard County Board of Appeals ruled in 2004 that Frisky?s could remain open, but that it had to get rid of its monkeys. That decision was upheld in October by the Maryland Court of Special Appeals. Layton appealed to the state?s highest court, which this week sided with her and her primates.
Lauer said the managers at Frisky?s are providing a valuable service by helping injured and wounded animals. The county?s police department often sends sick or injured animals there, and students from area high schools visit Frisky?s to learn about wildlife.
Albert Figinski, another attorney for Frisky?s, said the situation “deserves an executive or legislative solution,” from the Howard County Council and County Executive Ken Ulman. “Ulman and his crew should get the message.”
The attorney for Layton?s neighbors was not immediately available for comment.
