August 3, 2017 4:30 pm
Updated: August 3, 2017 4:53 pm

Man charged by Alberta SPCA appeals denial of breeding facility permit

Ty Marshall presenting at the Vulcan County municipal planning commission Wednesday, June 21, 2017.

Jill Croteau / Global News

A Vulcan County man facing charges from the Alberta SPCA has appealed the denial of a permit to run a breeding facility on his property after concerns were raised by animal rights groups.

Tyler Marshall was charged by the Alberta SPCA on June 20 with failing to provide proper care for more than 200 animals, which were seized from his home in April.

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READ MORE: Dog-breeding kennel application denied for Alberta man charged by SPCA

He then had his application for kennel development denied a day later.

According to a letter obtained by Global News that his lawyer, Brendan Miller, sent to the county in June, Marshall is appealing that decision on the grounds that he was “ambushed” by the Calgary Humane Society (CHS) when he applied for the initial permit.

In its initial petition of the permit, the CHS expressed concerns about the facility, which it characterized as a “puppy mill.”

The society took in dozens of the 131 dogs, 62 rabbits, eight cats and three tortoises that were seized from Marshall’s home.

Several of those animals were returned to Marshall, while more than 100 were put up for adoption at various rescue groups in the province.

READ MORE: 23 dogs returned to man facing charges from Alberta SPCA; 129 up for adoption

Miller said in his letter the CHS was asking that Marshall complete a capacity assessment, which he insists his client had done. He asked that his client be allowed to reapply for a permit with the capacity assessment attached.

Miller also stated he and his client planned to drum up support from community members that were in favour of Marshall running the kennel.

The Vulcan County Appeals Commission heard that appeal Wednesday night, along with more letters from supporters and opponents of Marshall, including the CHS.

Sage Pullen McIntosh said the CHS doesn’t want to see the decision overturned.

The commission said it would give Marshall a written decision in two weeks on whether the decision will be overturnes, which would allow him to build and run a kennel.

READ MORE: Public asked to stay away from Calgary Humane Society due to deadly parvovirus

The Alberta SPCA said Thursday the court case regarding the recent charges against Marshall has been put over until Aug. 14, when it’s expected a trial date will be set.

Marshall used to own Animal House in Okotoks, which eventually closed. The SPCA said he also faces two charges — allowing an animal to be in distress and failing to treat an ill or injured animal — regarding a cat at that facility.

A Global News request to Marshall’s lawyer for comment was not returned at the time of publishing.

© 2017 Global News, a division of Corus Entertainment Inc.

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