(WHAS11) - Sonya Smith has spent nine months locked in a legal battle fighting to get back her 14-year-old dog named Misty.
"It was devastating. It broke my heart, and ever since then I think about it every day," said Smith.
Last summer Misty, who's nearly blind and deaf, escaped from Smith's back yard. After weeks of searching, Smith finally found her pet listed as up for adoption by Louisville Metro Animal Services. She told WHAS11 she immediately contacted them.
"They were super excited they had found a home for this dog," said Smith. "They set up an appointment for me on Saturday to pick her up." Smith says she then called Metro Animal Services back and asked to get her dog early. That's when Smith says she learned they had let Misty's foster caretaker adopt her, despite knowing Smith wanted her dog back. "I was absolutely shocked. I didn't know what to say. I didn't know what to think."
Smith told us she tried to set up meetings with the foster caretaker, but all her efforts were shot down. That's when she decided to file a lawsuit. Even though the judge ruled Smith would suffer irreparable injury if Misty wasn't returned to her, the judge did not order the dog to be returned. Instead, the judge ruled Misty had become property of Metro Animal Services. Smith's lawyer disagrees with the ruling.
"What the law says is that Louisville Animal Services cannot euthanize a dog for at least five days," said attorney Jennifer Hall. "It nowhere gives them the property rights."
Now with an appeal already filed, Smith continues to wait, fearing the worst. "I'm afraid she's going to die before I see her again."
According to Smith's attorney, Wayne Zelinsky was the director of Metro Animal Services at the time this all happened. We did speak with an attorney for Metro Animal Services who said they do not comment on pending litigation.
We also contacted Misty's foster caretaker who told us to go through her attorney. He has not yet returned our calls.
