UPDATED: Tenneys drop appeal of pet forfeiture ruling – Humane Society can proceed with adoptions

Animals once owned by Wendy Tenney will soon be available for adoption, after she and husband Brian forfeited the animals Monday.

FRONT ROYAL – In a press statement released from their attorney’s office on Monday afternoon, January 21, embattled former commercial breeding kennel owners Wendy and Brian Tenney announced that they are dropping their appeal of a December 12 General District Court ruling that the couple forfeit the 28 surviving dogs and cats seized from their property in September for adoption.

It appears the decision, perhaps hinted at by a failure to post a required $5,000 appeal bond by a January 11 deadline, will enable the Humane Society of Warren County to begin adopting out the surviving 14 dogs and 14 cats seized by Warren County Animal Control on September 12, 2018. Two animals were euthanized due to fatal canine or feline illnesses discovered after the seizure.

The Tenney’s decision was termed “very difficult” as the couple claimed all 30 animals seized by Warren County Animal Control on September 12 were kept as pets, rather than for commercial breeding purposes under legal dispute in the wake of an April 2018 County revocation of their commercial breeding kennel license – “The Tenneys were not breeding at the time these animals were taken,” their press release issued through the Staunton law firm of TimberlakeSmith states.

“These animals were simply pets, loved by the Tenneys, and especially their children. Deciding to say goodbye to them was not easy, but the Tenneys determined it was necessary for their family to move forward. The Tenneys hope and pray that the animals are adopted into loving homes,” their press release adds.

Above, Tenney pup, Merida; below Clio the cat, who while not one of the Tenney cats seized, was willing to pose in order to note that cats are also up for adoption. Social Media Photo

The Tenney’s commercial breeding kennel license came under the scrutiny of the Warren County Planning and Zoning Department in the wake of a March 2017 kennel fire in which 16 dogs died. The planning department recommended and the county board of supervisors agreed on the conditional use permit revocation. A divided county planning commission had recommended by a 3-2 margin that the Tenney’s be given a second chance at their commercial kennel enterprise despite a history of complaints, permit violations and back taxes owed.

The Tenney press statement also acknowledges the dropping of the couple’s legal challenge of the Warren County Board of Supervisors revocation of their commercial breeding kennel permit: “The Tenneys had been licensed to breed from 2012 through April 2018. At the time all of this happened, the Tenneys were fighting a Board of Supervisors decision to revoke their breeding permit. The Tenneys have since dropped their appeal of that decision, as well, in an effort to put this chapter behind them and move on with their lives.”

However, exactly how that “moving on” proceeds is still under legal scrutiny. As a result of the physical conditions discovered in the Tenney home during execution of the September 12 search warrant, their six minor children were removed from the home and released to the custody of their maternal grandmother. According to Tenney attorney Tate C. Love that transfer was made voluntarily by the Tenneys without a court order. Love added that all the Tenneys’ interactions with social services have been voluntary to this point. In fact, during the December 12 hearing Judge Houff commented that he believed the Tenney children were well loved by their parents, observing that the child-related charges were a consequence of what was described as the foul physical condition of the home at the time the September 12 search warrant was executed.

However, exactly how that “moving on” proceeds is still under legal scrutiny. 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 here

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, 2018. 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.

The Tenney public statement issued through their attorney’s office on January 21 addresses the plight of their children: “The Tenneys would ask the public to respect their privacy. The past few years have been an intense time of emotional and financial stress for the Tenney family. Having their names and faces recognized, and especially those of their minor children, has only made this struggle worse. Whatever members of the press, or public, feel about Brian and Wendy, the Tenneys would ask everyone to take into account the feelings of their children. They hope we can all agree that these kids bear no blame or should suffer no consequences of the decisions made by adults.

“The Tenney children are healthy, and doing as well as can be expected in the stress of this situation.” The Tenney statement also thanked “the Warren County Department of Social Services and its staff for its kindness, compassion and understanding” during the aftermath of the September removal of the minor children from the parents’ home; and credited the family’s “strong Christian faith” for helping them through this period of their lives.

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

Also at issue for the couple is how much they will owe for the care and treatment of the 30 animals seized on September 12, 2018. In addition to ruling the Tenneys forfeit their surviving animals, following a 2-1/2 hour hearing on December 12 Judge W. Dale Houff also ruled that the Tenney’s were responsible for a total of $41,739 in restitution for housing ($39,705 to HSWC) and treatment ($2,034 to WCSO for vet bills) of their animals turned over to the custody of the county humane society’s Julia Wagner Animal Shelter.

As previously reported by Royal Examiner the Tenneys’ decision to appeal the forfeiture ruling had the impact of adding an estimated $420 per day boarding fee, plus interest, to the restitution amount the court ruled the Tenneys were responsible for as of December 12. That total was based on a $15 per day, per animal, shelter boarding fee.

At a base of 28 animals equals $420 per day for the 40 days between the court’s forfeiture ruling and the January 21 announcement the appeal is being dropped, an additional $16,800 or more could be added to the previously-cited boarding fee owed the humane society and its Julia Wagner Animal Shelter.

However, sources indicated to Royal Examiner that in recent weeks an offer to achieve the release of the animals for adoption in exchange for a dramatically-reduced restitution settlement was put on the table between the two sides. Neither side has confirmed that such a negotiation impacted the Tenney decision to drop their animal custody appeal.

A portrait of an Australian Shepherd from the online website canineplanet.net

In fact, Tenney attorney Tate C. Love said, “There was no deal that led to abandoning the appeal. The Tenneys made the decision themselves to allow their pets to find new permanent homes.”