Lien times over for Borough

PALMER — A lien that temporarily delayed the process of planning and building a new animal shelter in the Mat-Su Borough has been released and the project is back on track.

“Barring any other major catastrophes or issues we should be OK,” said Borough Animal Care and Regulation Chief Dave Allison. Allison said it is hoped construction on the multimillion dollar shelter expansion will break ground in the spring and be finished by the fall 2009.

The Willow dog musher who filed the $1.5 million lien, David Straub, said he released it Jan. 4. Straub said he received some legal advice and learned the lien wasn’t the right civil action to be compensated for the Borough seizing his sled dogs in 2004.

Although he dropped the lien, Straub vowed his fight with the Borough is not over.

Assistant Borough Attorney Christopher Beltzer said the Borough has asked the judge to dismiss a lawsuit against Straub, which had asked that Straub’s lien be removed. As of Thursday, the case was still open with a hearing scheduled for today.

Straub choked up talking about the 28 dogs seized from his kennel in October 2004. He said he was under duress when he signed his dogs over to Borough animal regulation officials. At the time he was doped up on painkillers and muscle relaxants after having broken his neck falling from the roof of the Wasilla Senior Center, he said.

Some of the seized dogs ran the Iditarod with him when he came in dead last on St. Patrick’s Day 2002. The Borough took all but four of his dogs that showed signs of being emaciated and neglected. Straub was charged with 17 counts of animal cruelty and eventually was convicted on one cruelty to animals charge.

“I’m just standing up for those dogs that made it to Nome that didn’t deserve to be euthanized,” Straub said, adding the dogs were skinny but not starving. A number of dogs turned up with worms at the shelter and Straub chalks their malnourishment up to that. Had he known of the worms he would have treated them and everything would have been fine, he said. Instead, the dogs went to the Borough and some were put down.

Allison said the dogs were extremely underweight when they were seized and the decision to remove the dogs was correct. He admitted some turned up with worms, but said most dogs do.

“That’s not the sole reason why they’re underweight,” Allison said, adding he believes Straub simply wasn’t feeding them.

Straub said he was feeding his dogs and is angry some of the dogs were adopted out of the shelter prior to his day in court.

Allison said that’s untrue. The Borough cannot adopt out an animal if a case hasn’t settled.

“Animals, in that type of case, are evidence, essentially,” Allison said.

The one exception is that animals can be put down in cases where it’s the humane choice, but cases like that are rare and only acted upon after careful deliberation and consultation with attorneys, Allison said.

Whatever the facts of the case, Straub said his beef with the Borough isn’t over. He plans to press forward in a more appropriate venue.

“Here I’m just an old, just a dog musher living up here on five-six acres,” he said. “It was everything to me.”