W.Va. Supreme Court Refuses A Petition That Alleged Abuse At Berkeley County Animal Control

The West Virginia Supreme Court of Appeals voted unanimously Monday to refuse a petition filed by a national nonprofit animal welfare group against Berkeley County Animal Control.

“The Court unanimously and unequivocally found the petition to be baseless,” Berkeley County Council Legal Director Anthony Delligatti said in a press release.

The state’s supreme court voted 5-0 refusing a writ of mandamus filed late last year by Bethesda, Maryland-based Alley Cat Allies. The petition claimed Berkeley County Animal Control mistreated several of its animals since 2020.

Alley Cat Allies said they led an undercover investigation to expose abuse, including refusals to administer emergency medical treatment.

In a statement following the ruling, Alley Cat Allies President Becky Robinson said they’re determined to press forward with the case and will try other legal pathways.

“We have multiple legal remedies available, and we intend to use all of them,” Robinson said. “We know from the facts of our investigation that animal cruelty has taken place at the Berkeley County Animal Control Shelter. We will continue to take legal action in defense of these animals who cannot defend themselves.”

Berkeley County Sheriff Nathan Harmon said the moves made by Alley Cat Allies are a “cloak and dagger attempt.” He argued the nonprofit’s accusations are embellished fiction to try and gain a profit in the area.

“I’m glad the state Supreme Court saw through the self-serving attempts of the nonprofit becoming the profiteer,” Harmon said.

The Berkeley County Sheriff’s office houses the county’s animal control unit.

The week Alley Cat Allies filed the petition, the group also purchased 17 acres of land in Berkeley County for more than $300,000, saying they did so to “further their work” in the county.

Alley Cat Allies has more than 800,000 supporters worldwide, according to its website.

Berkeley County Sheriff’s Office Responds To Allegations Of Animal Abuse

The Berkeley County Sheriff is calling a recent legal action filed in the West Virginia Supreme Court of Appeals by a national animal welfare group a “disgusting corporate tactic.”

During the week of Thanksgiving, the nonprofit group Alley Cat Allies filed a petition with the state’s high court, claiming Berkeley County Animal Control has mistreated several of its animals since 2020. That same week, the animal welfare group purchased 17 acres of land in the county for more than $300,000, saying they did so to “further their work” in the county.

On Wednesday, two weeks following the filing, the Berkeley County Sheriff’s Department, which houses the animal control unit, formally responded to the allegations in a press conference.

Sheriff Nathan Harman went through each of the five allegations in detail, arguing the time and date the animals were picked up, that care was given to each animal and that all were rescued or adopted in a timely manner, with the exception of two that had to be euthanized.

“We are not a kill agency at all,” Harman said. “We are an adoption agency. Let’s reunite the dogs with their owners. And when I talk about euthanization, that is the absolute last resort.”

Harman accused Alley Cat Allies’ actions as an “attack” on the county and as “tactics” to receive more funding and cause a “social media frenzy.” He also noted that the group’s legal filing submitted with the West Virginia Supreme Court was done on Giving Tuesday – recognized as a national day of giving.

“I’ll be daggone if I’m going to stand silent and let a corporate nonprofit business, where folks are making six figures, use this county organization as their pawn to establish themselves here,” Harman said.

Alley Cat Allies President Becky Robinson makes more than $240,000 annually, according to the group’s most recent tax filing.

Robinson issued a statement following the press conference standing by her group’s claims, calling what they discovered at Berkeley County Animal Control “undeniable evidence of animal cruelty.”

“Prior to filing the writ of mandamus … Alley Cat Allies had conversations about our concerns with the Commander, Patrol Division and Animal Control Division and others in Berkeley County Animal Control,” Robinson said. “We also visited the shelter on multiple occasions … Our investigation has uncovered a pattern of abuse, denying animals veterinary care and in some cases urgent medical treatment.”

Harman and Berkeley County Animal Control Chief Kevin Jones said Alley Cat Allies never reached out to them.

Berkeley County Animal Control has until Dec. 31 to respond to the filing with the West Virginia Supreme Court of Appeals.

National Animal Welfare Group Alleges Mistreatment In Berkeley, Purchases County Land

A Bethesda, Maryland-based advocacy organization that works to protect animals from abuse filed a petition last week with the West Virginia Supreme Court of Appeals alleging that Berkeley County Animal Control is not providing proper veterinary care for several of its animals.

The day before the filing, the advocacy group purchased a large property in the county for more than $300,000.

Alley Cat Allies said they conducted an in-depth investigation for more than a year that allegedly revealed that Berkeley County Animal Control “intentionally, knowingly and recklessly withheld necessary medical treatment for animals in its shelter, causing extreme suffering and in some cases death.”

The filing details cases of malnourishment, untreated inflammation, swollen eyes and tongues, a ruptured hernia, and a broken leg. Two animals were allegedly in such poor condition, they had to be euthanized.

Alley Cat Allies, on Nov. 23, submitted the petition asking the state’s high court to intervene and order Berkeley County Animal Control to “act on its legal duty” and provide veterinary care for the animals in its shelter.

The Berkeley County Sheriff’s office, which houses the animal control unit, has not yet released a formal statement on the matter. But according to a spokesperson with the sheriff’s office, there will be a press conference sometime next week to address the allegations.

The day prior to the filing, on Nov. 22, Alley Cat Allies purchased more than 17 acres of land in Berkeley County for $311,000, according to a deed filed with the county clerk’s office.

Alley Cat Allies told West Virginia Public Broadcasting they purchased the property “to further our work and advance our mission in the area.” They did not detail further on the future of the property.

Becky Robinson, president and founder of Alley Cat Allies, said they have done work in Berkeley County for decades.

The Chronicle of Philanthropy, a Washington, D.C.-based magazine that covers philanthropic and nonprofit organizations around the world, wrote an in-depth report in 2018 alleging that “Robinson runs the organization with few checks on her power.” The Chronicle also noted in its story that the nonprofit is not properly scrutinized for real estate purchases and for the salaries of its employees.

The organization, according to its 2020 IRS 990 report, brought in about $10.7 million that year. Robinson’s compensation was more than $247,000.

In contrast to the report from the Chronicle of Philanthropy, Alley Cat Allies holds a platinum rating on GuideStar, which claims to have “the most complete, up-to-date nonprofit data available” on its website. A platinum rating from the organization signifies a high ranking in transparency for tax filings, leadership and mission, among others.

Alley Cat Allies was founded more than 30 years ago and has 650,000 supporters worldwide, according to its website.

Berkeley County Animal Control has favorable ratings on its Facebook page and posts photos and activities often. At the time of this story, the shelter received 4.3 out of 5 stars based on 127 Facebook reviews. However, several recent reviews, dating back to 2019, are negative.

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