The future of “Beamer,” a beagle mix adopted from the Humane Society of Harford County, could be up to a judge to decide.
Beamer was among 69 dogs seized in May from Donna Bell, a Harford County woman, and placed in the care of the Humane Society of Harford County. Authorities said the animals were neglected and living in squalor. Bell was charged with 118 counts of animal cruelty.
Beamer was adopted June 12, after Bell dropped a lawsuit seeking to get all the dogs back.
But Grace Froelich, founder of Animal Rescue Inc., in Maryland Line, Pa., filed a civil property suit on June 9, claiming that Beamer is “unadoptable.”
According to Tammy Zaluzney, executive director of the Humane Society, she did not receive the court papers announcing the suit until June 13.
“We can?t be responsible for what we don?t know,” Zaluzney said of Froelich?s claim to Beamer.
“It?s a question of timing,” said Michele Gilligan, who teaches property law as an associate professor at the University of Baltimore School of Law.
Speaking generally, Gilligan said that if a suit for the return of property is filed in court, then the defendant must retain possession of the property until a judgment can be made as to proper ownership. If the property is transferred to another person after the suit has been filed, then the person who took custody of the property can be added as a defendant in the complaint. Gilligan said the filing date of a suit is what holds sway in the eyes of the law.
Zaluzney said the Humane Society would not release the name of Beamer?s new owner, saying that she would only release that information if the court ordered it. Beamer?s new owner, Zaluzney said, “is concerned” about the situation.
“I don?t know. That would be up to the judge to decide,” said Bel Air Attorney Charles R. Wellington, who represents the Humane Society, when asked if there are any fines or sanctions that govern a civil complaint over property that has been transferred while a court case is pending.
Two different replevins were filed against the Humane Society on June 9.
