Appellate court denies return of Snowball to Molalla family

Appellate court denies return of Snowball to Molalla family

Snowball the deer

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By KATU.com Web Staff

SALEM, Ore. - A Molalla family hoping for the return of their pet deer got bad news Wednesday from the Oregon Court of Appeals, which ruled the family never lawfully possessed the black-tailed doe and thus should not get the animal back.

The decision, released Wednesday, reversed an earlier trial court order granting the return of Snowball to James Filipetti and Francesca Mantei.

Geordie Duckler, an attorney for the couple, said he planned to petition the state Supreme Court to review the appellate court ruling, meaning the more than year-old saga is not over.

The deer is currently living at Wildlife Safari near Roseburg.

Filipetti rescued Snowball from the side of a road seven years ago and spent thousands of dollars on veterinary bills to correct her leg deformities. But in September 2007, the state seized the deer and her offspring, Bucky, because Oregon law prohibits holding wild animals in captivity without a permit.

When the state failed to bring charges against the Molalla family, they sued to get the doe back, arguing that the doe was no longer needed as evidence in a criminal investigation and they were entitled to its return. A Clackamas County judge agreed, and the state appealed the ruling.

The appellate court determined that the family could not establish it was entitled to Snowball's return because the family never had a permit or license for the deer.

In its ruling, the appellate court emphasized that its role was not to determine the doe's best interests but only to interpret state law regarding the return of seized items. 

READ MORE ABOUT THE RULING

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