Lawyers with The Animal Law Center successfully prevented further seizure by the Colorado Department of Agriculture of cattle owned by Park County rancher Vernon Wagner. Early Friday evening, 11th Judicial District Judge Stephen Groome ruled that the state could not seize the remainder of Wagner’s herd.

“Judge Groome recognized that the state’s seizure was a violation of Due Process and Wagner’s civil rights,” said Jennifer Edwards, lawyer and founder of The Animal Law Center. “This decision preserves Mr. Wagner’s right to operate his cattle operation in Park County.”

Friday’s ruling follows last week’s action by the State Department of Agriculture against Mr. Wagner. Based on allegations of abuse and neglect made by the Park County Animal Control, the State filed a Temporary Restraining Order against Wagner and began seizing his herd of roughly 1200 cattle. On Friday May 14th, the State confiscated 379 cattle and transferred them to a sale barn located in Salida, Colorado. The State claimed that Mr. Wagner’s herd was in danger of “life and health” and required immediate removal from his care. In addition, the State demanded that Wagner be forever prevented from operating a ranch in Park County.

During the unprecedented four-day hearing, The Animal Law Center called into question the hasty measures taken by the State and its allegations that the entire herd was in imminent danger.

“Neither Park County nor the Department of Agriculture provided adequate notice to Mr. Wagner, regarding their concerns or intention of seizing his cattle,” said Edwards. “We provided two veterinarians, officials who handle the leases on his land, and neighboring ranchers who testified that given the difficult winter, Mr. Wagner’s cattle appeared to be in reasonable condition.”

Judge Groome’s decision allows the State to sell the 379 cattle it removed from Wagner’s ranch and offset its operation expenses with the proceeds, with leftover funds going to the cattle owners. Mr. Wagner would retain possession of the remaining herd, which he manages for a group of cattle owners. In addition, the State would put in place a monitoring process of Mr. Wagner’s herd until results of the State’s civil action against Wagner is concluded.

“While we recognize that this herd has experienced an unusually harsh winter even by South Park standards,” said Edwards, “we don’t think the State’s rush-to-judgment against Mr. Wagner, its evidence of neglect, nor its attempt to bar him from ranching for life were sufficient or warranted.”

The case now goes to a civil jury trial that has yet to be scheduled.