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Posted by Dana Maske on 11/20/2007, 8:26 pm
207.118.142.132
http://www.youtube.com/watch?v=QBXbcSMI-k4
The Johnson's owed money for board and mare lease agreements as well purchase agreement on horses. Agreements involve 19 horses total.
August 31st the Johnson's removed 8 horses from the Maske's property while no one was home. (The Maske's have a lien under state statute 779 & UCC code)
September 1st the Johnson's returned to take additional horses and the police were called and they said the horses are to stay it is a civil matter. DA also closed case and said its a civil matter.
The Maske's followed all legislation under UCC code and statue 779 to move forward with a private auction sale on the remaining 11 horses scheduled for September 30th, seeked opinion from laywer to verify all legislation was followed and necesarry opinion letter to allow transfer of register to buyers.
September 27th, the Johnson's filled an injunction on the sale as they would suffer irreparable damages and court date was set for October 4th.
October 4th the the injunction was granted pending litigation to determine amount owed to the Maske's. The Johnson's were to remove the horses from the Maske's property to a neutral location. The Johnson's stated they needed two weeks to arrange the removal of the horses.
The Johnson's were given three options as a result of the court hearing:
1. Remove the horses by October 18th
2. Pay upfront for board services after October 18th which would then be provided by the Maske's.
3. Be fulling responsible for the care of their horses and provide feed and water.
The Police have been called several times in regards to the horses having no feed or water. The investigating officer, has been investigating two weeks, won't return the Maske's phone calls. Last time that the police were called on a Friday because the horses hasn't been fed since Monday Lieutenant would not send an officer because they have been to the property several times and he states "There is no way for one of my officers to tell if a horse is malnourished or not fed, we can tell they currently don't have food, but can not tell if they were fed yesterday or the day before." When the police were asked to have the human society interview they told the Maske's that our area does not have a large animal human society and to call the investigating officer on Monday.
The sad fact is that because of court involvement the Johnson's may not suffer irreparable damaged by losing ownership, but instead the horses suffer from mistreatment on behalf of the owners.
Complete log of when food/water and how much is recorded.
The court prevents the sale of the horses, the police aren't investigating, we have no human society, and the DA says it is civil. Now what?
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