The Council of State is not yet done with the dog Rex and Max. Almost five years ago they die two sheep and injured five other animals. The shepherds were seized by order of then mayor Roger de Groot van de Wolden.
The mayor seized the Swiss and Mechelen shepherds of owners Jane Bijmholt, two weeks after the bite incident of New Year’s Eve 2020. De Groot Wilde repetition. He also wanted the dog’s behavior to be examined. Together, the two four -legged friends stayed at different shelters for a year and a half, before Rex and Max were allowed to return to their owners.
Jane Bijmholt from Echten is absolutely disagreed with the state of affairs around her dogs and successfully went to the lower administrative court. According to the court, the mayor abused his authority. Seizure could only have been done immediately during the bite incident, or if an immediate threat had arisen. And not only two weeks later, when Bijmholt himself had already taken measures.
“I immediately went to the sheep holder and reimbursed the damage. He did not want to make a declaration and I decided to build a kennel. But two weeks later they came with five men who took the dogs away with a big show. After that I did not see them for eighteen months. I tried everything to get into conversation with the municipality.
Incidentally, it is the mayor of De Wolden who appealed to the Council of State. He wants the judgment of the administrative court that the mayor went outside of his book and has acted off the table outside of his powers.
According to De Wolden counsel, there was a very good reason to seize the dogs. There would have been many more threatening incidents with Rex and Max.
Furthermore, the lawyer strongly denied that the mayor wanted to seize the dogs permanently and let it fall asleep, as Bijmholt and her lawyer claimed. “It has always been the intention to return the dogs after observation and a cooling period. If the owner took a number of measures. Such as building Kennel, on a lead and a muzzle for Rex. And since the dogs have been back, it has gone well and there have been no more incidents. It appears that it has been well picked up and handled.”
Bijmholt and her counselor see that different and think that the municipality has made a mess of it at the expense of the family and the dogs. In any case, the Echtense hopes that the Council of State will order the municipality to reimburse all the costs of the proceedings for the past 4.5 years.
If the ruling is entirely in favor of Bijmholt, it could also submit a claim for damages to the mayor. The Council of State recognized during the hearing that it took a very long time before the appeal came to the hearing. This is mainly due to the large crowds and backlogs at the courts and highest administrative courts.
The ruling will in any case follow within a week or six.