Posted on April 26, 2022
The plaintiff Mélissa Le Bartz, domiciled in Guégon until last October, demanded from the municipality of Guégon the sum of 21,450 euros as a result of the confiscation of her dogs by the council. The provisional judge dismissed the owner of the dogs by order of April 8, although she had won her case on November 5, before the same court in the framework of a provisional release …
To understand what is at stake in this procedure, it is necessary to return to the different homes of the applicant: Mélissa Le Bartz lived in Bannalec (29) in 2020 and owned 17 dogs, then lived in Scaër, still in Finisterre, where he still had 12 dogs. In these 2 municipalities, their dogs have been the subject of complaints from the neighborhood, the town councils, requiring the intervention of the Rescue Centers and the gendarmerie …
When Mélissa Le Bartz arrived in Guégon in July 2020, her way of life around her 8 dogs was no exception to that of previous homes. The municipality of Guégon is facing the same problem, accompanied by numerous complaints from its voters, in particular the owner of the property, where he resides! For a whole year, the mayor repeatedly alerted the UDAF, a reinforced police station of Mélissa Le Bartz.
The course of this affair, which pits Mélissa Le Bartz against the municipality of Guégon:
– On September 27, 2021, the city of Guégon issues a decree, handed to Mélissa Le Bartz, informing her that she must be separated from most of her dogs, which may, however, remain with 2! A month later, the situation has not changed …
– On Sunday, October 3, the mayor of Guégon, Marie-Noëlle Amiot, spoke with the gendarmerie and the Ploeren, Animal Population Assistance and Control (SACPA), at the home of Mélissa Le Bartz. Six dogs will be seized, two more remain in the apartment. Friends will pick them up later. Following this incident, the owner of the dogs was hospitalized in Ploërmel.
-Ploeren’s SACPA pound entrusts the 6 dogs to the SPA. The latter finds 3 families for 3 of the 6 dogs.
-On November 5, 2021, before the jurisdiction of the administrative contentious court of Rennes, in the framework of an urgent procedure, intended to suspend administrative measures that seriously and illegally affect liberties, such as the right to property, is a first victory. for the dog owner. The formal defect in the procedure alleged by the mistress Stéphanie Derveaux, his lawyer, is acknowledged. The judge of the Administrative Court of Rennes suspends this request, as the opposing party cannot return the 6 dogs to the applicant. At that time, the complainant claimed from the city of Guégon, as a financial penalty, the sum of 21,450 euros, which corresponds to 50 euros for each of the 3 dogs placed per day of delay, for the 153 days elapsed since the ‘initial order. ⁇
-At the hearing of the administrative court of Rennes, Wednesday, April 6, 2022:
Mélissa Le Bartz is absent due to hospitalization. Since her expulsion from Guégon in October 2021, she now resides in Josselin and has been bitten by her bulldog dogs! She is represented by her lawyer: “My client did not assert her right to property against that of the adopters, nor did she attempt to obtain the adoption contracts. He did not abuse his dogs. ” explains teacher Stéphanie Derveaux …
Marie-Noëlle Amiot, Mayor of Guégon, is assisted by Master Julien Bonnat and is present at the hearing. Take the floor to explain:The city council sent a formal request to the SPA to return the 3 dogs that are still in their shelter, to Mélissa Le Bartz, but the SPA replied that this was no longer possible, because it had become the sole owner of the dogs. The mayoress continues to explain her point of view: “In September 2020, the owner of the building where Mrs. Le Bartz lived arrested me: her neighbors were complaining about the smells and noise of the dogs and the perpetual screams of their owner towards them. For a year I played the role of conciliator between the plaintiff, the UDAF and my constituents, constantly questioning. For your well-being, I had to take that order. Things may not have gone the way they should have, but as the newly elected mayor, I have done my best for the people and for Mélissa Le Bartz! ”
The courtroom judge questioned the mayor of Guégon about the “frequent steps” of his former administration. “It uses the mayors of the municipalities one after the other”, Marie-Noëlle Amiot had answered.
– Friday, April 8, 2022:
“The request for enforcement of the financial sanction is inadequate given its heavy past in the treatment of animals. If the order was only partially executed, this non-execution is not attributable to the municipality of Guégon, since on the date of transfer of ownership of 3 of the dogs had already occurred, putting the municipality unable to fully comply with the mandate. Therefore, in the circumstances of the case, it is not necessary to settle the penalty of 21,450 euros.“, summed up and concluded by the judge of the chamber of the administrative court of Rennes in his order dated April 8, 2022 …
The appeal period has expired and the file is definitively closed.
Problems in Josselin
After their bites, which led to their last hospitalization, the municipality of Josselin had to take action in turn, as for the dogs of Mélissa Le Bartz. One of his German Shepherd dogs with a muzzle and dangerous was placed in a specialized center, the equine and canine center of Forges de Lanouée, 4 are with acquaintances and a 6th would have fled.