The shepherd dogs Max and Rex from Echten were rightly taken. The Council of State has determined that. The two dogs bite two sheep on New Year’s Eve 2020 and injured another three. Two weeks later there were five men on the sidewalk to pick up the animals. And that was right, now the highest administrative court judges.
According to the council there were enough signals that the dogs were dangerous. In addition to the bloody incident on New Year’s Eve, there had already been reports of imminent behavior by Max and especially Rex. The then mayor Roger de Groot was allowed to take this into account.
The decision to remove the Swiss-Mechel shepherds was intended to prevent worse. The two ended up at secret reception addresses for a year and a half, while their behavior was examined by experts from Utrecht University.
The ruling of the Council of State puts a thick line through the earlier judgment of the administrative court in Groningen. He agreed with the owner last year and thought that the mayor had gone outside his book. Seizure would only be allowed if there was a direct threat. And that threat would not have been there, two weeks after the incident.
But the highest judge does not agree. Precisely because of earlier reports and the seriousness of the incident, the mayor was allowed to intervene. Moreover, it was never intended that the dogs would disappear from home forever. It was a temporary measure, the municipality emphasized, with the aim of observation and a safe return.
Max and Rex have been in Echten for a while now. That happened at the order of Mayor Inge Nieuwenhuizen, who followed De Groot. A condition for the release was that the owner built a kennel and that Rex from now on always leaves on a leash and leaves the yard with Muilkorf. No new incidents have been reported since then.
Yet the issue continues to wring with the owner of Max and Rex. She feels treated unjust and believes that the municipality has seriously damaged confidence. During the court case, she spoke about the impact on her family, especially on her son who had to watch how the dogs were taken away with a lot of display. She also believes that the municipality has made a personal feud of the case.
The case has cost the municipality of De Wolden a lot of money. Documents show that the seizure and everything that followed has now cost around 46,000 euros. Just the care of the dogs touched up to 15,000 euros. In addition, another 31,000 euros in legal costs came because the municipality had to call in help from external lawyers several times.
With the ruling of the Council of State, after more than five years it seems to have come to an end to the dragging conflict between the owner and the municipality of De Wolden.