Last week, the Bella Vista Animal Shelter and a number of its beagle charges were the big losers in a legal tussle that has been ongoing since April 2005.

A total of 67 beagles were seized April 8, after Benton County Sheriff's Office deputies found the occupant of a house where the dogs were caged had not been seen in at least three days. The dogs were housed in cages measuring approximately 3 feet by 5 feet, up to six dogs to a cage, without food or water.

Of those dogs, 26 were taken to the Bella Vista shelter and the rest to the Rogers Humane Society for Animals. One of the village dogs later died and two pregnant females had litters of puppies.

Shelter workers cleaned the dogs and they were treated for a number of maladies, including distemper, cancer, a variety of parasites and ear mites. One dog's collar was embedded in its neck because it was never loosened as the dog grew. Several others had mange and were so afflicted they had no hair.

The owner of the dogs, Van Banks, eventually ended up facing a charge of animal cruelty. That charge was dismissed Monday, Nov. 14, because of several technicalities.

All the evidence attained from the seizure of the beagles, including photographs and medical testimony, could not be used against Banks. An order signed by Circuit Judge Tom Keith states that the seizure order was invalid and all the evidence derived from the issuance of the order was suppressed.

It's not the judge's fault; he was simply ruling on the law as it exists. If there is a fault, it is in the system that allows someone to go free when there is such compelling evidence against him.

Banks was told he could have 30 of his dogs back, taking his pick from those at the Bella Vista shelter and the Rogers animal shelter. When he arrived to take the first load of dogs from the village shelter Nov. 17, he told staff at the shelter he had started over and had 18 puppies at home, which would soon be joined by the 30 dogs he is getting back.

He picked up some dogs from the Rogers shelter the day before and had not cleaned out the crates in the back of his pickup truck, so he bought some bark chips to cover the animal excrement left by the previous residents when he picked the dogs up from Bella Vista.

Shelter staffers, who have cared for the dogs since April, were understandably upset.

"They all have names here -- they aren't just a dog," said shelter manager Donna Miles.

Banks tried calling some of the dogs by name but most ran from him. He had to corner and grab them, one by one, to get them into his carriers in his truck.

No one offered to help him.

Each dog he took was a personal loss to the staff. Over the months, they have come to know and love the dogs as individuals. Judging from the conditions they were removed from, no one is optimistic about their quality of life back in Banks' care.

"Because somebody doesn't cross their t's and dot their i's, he's not guilty and he gets his dogs back?" Miles said.

"If they're happy here, what must they have come from? And now they have to go back," she added.

Beyond the emotional issues, the cost of caring for the dogs is well over $10,000 for the Bella Vista shelter. That's not counting the money spent on veterinary bills for the 15 puppies, which comes to about $1,767.18, and another $9,570 for boarding.

Banks is not responsible for any of the costs, according to his attorney, Eldon Cripps.

Benton County is responsible for some of the costs but it won't come close to covering the cost of caring for the dogs.

The only bright spot in this story is that the dogs left at the shelter now are available for adoption. To fill out an application, drop by the shelter at 32 Bella Vista Way. Just head north on U.S. Highway 71 for the Missouri state line and turn left at the stoplight at the state line. You'll see their sign on the left side of the highway.

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Linda Caldwell, Weekly Vista Managing Editor, has lived in the village since January 2003 and is an 18-year veteran journalist. She is a member of the Board of Directors of the Bella Vista Animal Shelter.