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Lawsuit filed to save dog's life

07:02 PM PST on Thursday, November 20, 2008

By ROB PIERCY / KING 5 News

Video: Dog fight ends up in courtroom
Larger screen

WHIDBEY ISLAND, Wash. – A dog fight has gone to court to determine whether an animal will live or die.

Of all the dogs at one Whidbey Island animal shelter, Bobbie Moran and Bob Baker want one named Smiley.

The trouble is Smiley’s not available for adoption.

The reason?

"What we were seeing was volunteers being bitten at the neck, arms, forearms. A member of the public was snapped at in her face,” said Shari Bibich.

Bibich says the shelter is a minimal kill shelter, meaning they don’t euthanize animals just to make room or because they’ve been at the shelter a long time.

Smiley, a pit bull mix, has been there nearly two years, but when he started becoming aggressive awhile back, they decided he needed to be put down.

"I think any shelter in the state would be making the same decision,” said Bibich.

Moran and Baker filed a lawsuit to keep Smiley alive. A judge granted a temporary restraining order, saving Smiley until the lawsuit can be heard. They are so determined to save Smiley, Moran and Baker are taking out a second mortgage on their $500,000 home to pay the legal fees.

The next court hearing for Smiley will be next month.

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