SPCA closes doors after lawsuit loss
With its hopes that a Fayette County judge would reduce a devastating jury award dashed, the Fayette County Society for the Prevention of Cruelty to Animals shelter will be shuttered today. Earlier this week, Fayette County President Judge William J. Franks upheld a $96,000 award handed down to John J. and Ruth A. Tabaj. They had sued the SPCA for invasion of privacy and malicious prosecution.
The allegation dated back to a 1993 incident in which humane officers from the SPCA and Tri-County Humane Protection Inc., and state police went to the Tabajes’ dairy farm in Dunbar Township with a search warrant and cited the owners for cruelty to animals and having unlicensed dogs.
However, the SPCA withdrew the citations after the district attorney’s office told the organization that its animal control officer was not properly certified.
The Tabajes’ suit argued that they were publicly humiliated and insulted. The SCPA appealed the jury’s award, but Franks upheld the decision.
“None of us were around when it happened,” SPCA board member John Oris said, referring to the present board members. “I really don’t know what happened. I only know what I read.”
He said the board was hoping that the judge would have reduced the award, leaving the SPCA with enough money to continue to operate its shelter.
“The judge upheld it. We thought he might bring it down, but it just didn’t happen,” Oris said. “It’s a doggone shame. We obviously can’t pay the award, so the shelter will close. They are planning to have the shelter padlocked as of (Friday).”
He said all the animals have been adopted from the organization’s shelter along Rankin Air Shaft Road in North Union Township, but the board remains active.
The board has discussed reopening the shelter under the same or a different name, but the plans are not definite, he said.