Embattled kennel operators appeal seized animal forfeiture court ruling

A plan by the Humane Society of Warren County (HSWC) to adopt out the surviving 28 dogs and cats seized by County Animal Control following a September 12, 2018 search of the property of former commercial breeding kennel owners Brian and Wendy Tenney has been derailed by the filing of an appeal of a December 12 General District Court ruling.

Following a two-and-a-half hour motions hearing that day Judge W. Dale Houff granted the commonwealth’s petition that the 28 surviving animals, 14 dog and 14 cats, of a total of 30 animals seized, be released for adoption. At the time Tenney attorney Tate Love said he did not know if his clients would appeal that decision. The defendants had 10 days within which to file an appeal.

On December 19 the Staunton-based attorney notified the court and commonwealth of the Tenney’s appeal of the forfeiture of ownership of the animals. Love, who is with the firm of Timberlake Smith, acknowledged that the Tenneys must post a $5,000 appeal bond imposed by the court by January 11.

As of January 3, with the case paperwork in transit between courts neither the Warren County General District nor Circuit Court Clerks Offices could verify that the bond had yet been posted. Royal Examiner was awaiting a call back from the Tenney attorney regarding posting of the appeal bond at the time of publication.

The $5,000 appeal bond was imposed due to the court’s December 12 motion’s hearing ruling that the Tenneys are liable for restitution of $41,739 in costs for the housing and treatment of the animals seized on September 12. Of that total, $39,705 is due to the county humane society which has housed the seized animals at its Julia Wagner Animal Shelter since September 12. The $2,034 balance is owed to the sheriff’s office for veterinary care.

Below, Tenney pup, Merida; above Clio the cat, while not one of the Tenney cats seized, was willing to pose in order to note that are also cats awaiting resolution of the Tenneys’ animal cruelty case. And while the fate of Tenney animals has yet to be determined legally, there are OTHER dogs and cats available for adoption at the Wagner Shelter.

As Royal Examiner reported in coverage of the December 12 motions hearing, the Tenneys challenge of the court ruling releasing their animals for adoption will add an estimated $420 per day boarding fee, plus interest, to the restitution amount the court ruled the Tenneys are responsible for. That total is based on a $15 per day, per animal shelter boarding fee.

Should they not file the $5,000 appeal bond by January 11, it appears that not only would the appeal be dropped, but that the Tenneys would become immediately liable for the restitution amount that accumulates pending the adoption of the animals out of humane society and Wagner Shelter care.

But rising boarding costs, animal ownership and cruelty charges are only part of the Limeton couple’s problems. As a result of the conditions discovered in the Tenney home during execution of the September 12 search warrant, their six minor children were removed from the home to county social services, which released them to the custody of their maternal grandmother. See related story: Tenney animals released for adoption, child endangerment charges certified

In addition to the misdemeanor animal cruelty charges brought against them, the Tenneys face 12 felony charges – one for each of their six children under the age of 18 filed against each parent – due to the conditions found in their home on September 12.

Those charges of “Labor-Cruelty and Injuries to Children” or child endangerment and neglectful care were certified by Judge Houff to the Warren County Grand Jury convening on January 14.

At the time of the September 12 search warrant’s execution the Tenneys were in the process of appealing a Warren County Board of Supervisors’ April 17 decision (by a 4-1 vote, Glavis dissenting) to revoke their commercial breeding kennel permit. That permit was revoked following a four-month hearing process before both the county planning commission and board of supervisors.

Wendy Tenney makes her case at a county planning commission hearing on whether or not to extend her commercial breeding kennel permit early this year. Her arguments have become more pressing after criminal charges were filed after a September search of her property. Royal Examiner File Photo

The county planning department recommended the revocation in the wake of a March 6, 2017 kennel fire at the Tenney property in which 16 dogs died. A county fire investigation indicated the cause of the fire as the type of portable space heater animal control had warned Wendy Tenney against using as they are subject to wire chewing by the dogs. The investigation also presented evidence the kennel had been illegally wired without the necessary permitting and inspections.

The Tenney’s still pending permit revocation appeal is based at least in part on the claim the county’s elected board did not have the authority to revoke the kennel permit; they maintain that only the appointed county zoning administrator has such authority.

Another social media post of a Tenney dog prior to their seizure by authorities.