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Dogs seized by the state at a Buxton kennel are headed to a dog day care in Portland, following a court ruling giving custody of the dogs to the state.

The state has acquired space at Happy Tails Dog Daycare, 119 Bishop St., to house dogs and puppies seized Aug. 21 at J’aime Kennel. No date has been set to transfer the animals.

The state was granted permanent custody of the 249 animals Sept. 26 by Judge Christine Foster in Biddeford District Court. Kennel owners John Frasca, 53, and Heidi Frasca, 52, of Paucek Road, had 21 days from the day of the ruling to appeal.

“We are readying temporary quarters,” said Ned Porter, deputy commissioner of Maine Agriculture Department. Porter said the state would not wait until the appeal period had expired to move the dogs. He said the they would be moved as soon as they were healthy and quarters were ready to receive them.

Staff with the Animal Welfare Program, a branch of the Maine Department of Agriculture, said many of the animals at the kennel were diagnosed with giardia and sarcoptic mange, both contagious diseases.

Porter said Wednesday the state will lease 13,000 square feet from Happy Tails for about $5,500 a month through Dec. 6. The state has renewal options for up to nine additional months.

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Andrew Ferreira, excutive director of the Animal Refuge League in Westbrook, said the volunteer agencies caring for the dogs and puppies at the Buxton kennel were to meet at 10:30 a.m. Wednesday. Ferreira hoped to hear more this week about relocating the dogs.

“I’m waiting for a timeline,” Ferreira said. “I’m kind of anxious.”

Porter, who said 50 puppies have been born since the raid, said dogs continue to receive treatment at the Buxton kennel. Several have been removed for emergency treatment. The Animal Refuge League has 22 of the dogs and Steve Jacobsen, executive director of the Animal Welfare Society in Kennebunk, said it’s housing 70.

“They’re doing pretty well,” Jacobsen said this week.

State veterinarian Christine Fraser didn’t return calls from messages left Tuesday and Wednesday at the Animal Welfare Program. Teri Robinson, manager at Happy Tails, referred calls to Norma Worley, director of the Animal Welfare Program, who wasn’t in her office this week and couldn’t be reached for comment.

On the day of the kennel raid, the Frascas were issued several summonses in connection with the case. They face a court date in November to answer to those charges.

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The Frascas failed to appear at the court hearing last week to determine who would get custody of the dogs. John Frasca said his wife had an appointment Thursday to meet with an attorney to discuss filing an appeal.

“We don’t have money to retain anyone. Animal Welfare has crippled us financially,” he said.

York County District Attorney Mark Lawrence said an appeal would stop the state from taking any action.

If there’s no appeal of the lower court’s decision, Porter said the state would start preparing the dogs for adoption. He said the dogs would be neutered, spayed and assessed for temperaments before being offered for adoption.

Happy Tails Dog Daycare offers day-care services, boarding and training classes. It also has a location at 130 St. John St., Portland.

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