DOVER-FOXCROFT – Calling the home where 92 malnourished and dirty English springer spaniels were seized on April 15 a serious threat to public health and safety, selectmen on Monday voted unanimously to file a complaint in Superior Court seeking its demolition.
The board’s action does not preclude the owners – Burton Hagelin Sr. and his son, Mark Hagelin – from making necessary improvements while the matter proceeds through the court process. If the condition of the home became habitable in that time, the board could have the complaint dismissed.
Before the vote, Town Attorney Eric Stumpfel of Sangerville outlined the board’s options, which included taking no action, having the health officer issue a clean-up notice, securing the structure, or proceeding with the dangerous building process either through court or by public hearing.
The fact demolition was even discussed irritated Mark Hagelin.
“I will not surrender our common law rights,” Hagelin told selectmen Monday. “I’ll take you into federal court. Don’t mess with me.”
Mark Hagelin was charged with obstructing government administration during the seizure of the dogs and is the only family member not allowed back onto the property because of bail conditions imposed from the obstruction charge.
Selectmen also authorized the town manager to hire an engineer to inspect the structure at 54 Gray Hill Road and provide a report on his findings and recommendations.
The condition of the Hagelin home became known when state, county and local authorities executed a search warrant based upon complaints from neighbors.
Dover-Foxcroft Police Chief Dennis Dyer said authorities have known about the living conditions of the animals for about two years and have been trying to resolve the issues. He declined to be more specific because of pending court action and because Mark and Burton Hagelin Sr. have filed a federal lawsuit accusing state and county officials of violating their civil rights.
The officials who executed the seizure reported that the dogs, which were housed both inside the home and outside on the property, had no access to food or water. Some of the animals were dead. They also reportedly found the floors of the home covered with dog urine and feces. A hearing on who will gain possession of the animals, which are currently at humane society shelters, will be held on May 9.
“We had not had a chance to clean that day,” Mark Hagelin explained. “It has been exaggerated to the point of being ridiculous,” he said of the living conditions. He said the building is structurally sound and asked that the board give the family a certain amount of time to repair and clean the home. He noted that the town did not notify his mortgage holder or his insurance carrier about the board’s planned action.
Mark Hagelin’s mother, Carol, who also lives on the property and who attended Monday’s meeting, told selectmen that all their possessions are in the building.
“That’s our home,” she said.
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