Fargo, ND (KFGO AM) -- It will be up to a judge to decide custody of 170 dogs seized from a breeder by Cass County authorities last week.
Darcy Smith of Wheatland, North Dakota made a request for a court hearing at the sheriff's department late this morning, the last day he could do so.
After the hearing, the judge will have 10 days to decide the safest place for the dogs.
If smith is denied return of the dogs, Sargeant Tara Morris says the sheriff's department will begin adopting the animals.
Acting on a tip, authorities went to Smith's farm where they found the dogs, many stuffed into portable kennels, in very poor conditions.
The state's attorney is still determining whether charges will be filed.
The dogs are under the care of the Casselton Veterinary Clinic. A fund set up to cover care and medical expenses has topped $20,000.