Q: Can a dog be returned to its rightful owners after being adopted by a shelter? Dog was taken from the residence

A: Unfortunately, this situation happens a lot. There is no recourse for the original owner to get a dog back once adopted out to a good faith third party. The only possible resolution is to sue the animal shelter for conversion - but that can only be done if the original owner made the shelter aware that she was the owner and would be getting the dog - but the shelter adopted the dog out from under her, anyway.

A: The shelter will be immune from suit. Assuming the shelter held the animal for a stray hold, it would be immune from liability in any for complying with the minimal animal holding periods. See C.R.S. § 35-80-106.3 (2) “An animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (1) of this section or that disposes of a pet animal in accordance with the provisions of subsection (1) of this section for owner-surrendered animals, abandoned animals, or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter's disposition of a pet animal.”

Assuming the shelter was told the animal had been abandoned, they may not even have to comply with the minimal holding period. Under Colorado law C.R.S. § 35-80-106.3 (1) “If the pet animal is abandoned, as defined in section 18-9-201(1), C.R.S., the pet animal becomes the property of the animal shelter upon acquisition and may be disposed of by and at the discretion of the animal shelter.” Per C.R.S. § 18-9-201 (1) “’Abandon’ means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.”