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County Spends $16,223 To Settle Dangerous Dog Case From 1999

Thursday, July 7, 2005 – updated: 6:16 pm EDT July 7, 2005

Thursday afternoon, Volusia County leaders voted to spend more than $16,000 to settle a dangerous dog case that has dragged on for years. The dog at the center of the legal fight spent more than three years in Animal Control custody, but now is home with his owner.

Cody gets released in May 2003.
"I kept my hope up, and my faith," said Chuck Henshall.

That's how Henshall describes how he won his battle over a German Shepard named Cody, a dog who was ordered destroyed back in 1999 after biting a man.

"Well, it started out as a dangerous dog case, and we continue to believe that this is a dangerous dog. Unfortunately, this case didn't play out exactly as we thought it would," said Volusia County spokesperson Dave Byron.

The fight for Cody's life played out in court for years. Meanwhile, he sat caged. In the end, a judge ruled that Cody could not be destroyed. He was sent home in May 2003 and Henshall sued the county. Thursday, the county council agreed to pay $16,223 to Henshall.

Two years ago, when Cody returned home, the DeBary mover said he'd never give up his fight. "If it meant putting everything I had in that dog, I would," Henshall said.

County attorneys recommended the county pay out this $16,223, not because they thought the county was in the wrong, but simply because it was the cheapest way out for taxpayers.

"Even though you might think you're right, you know you move forward in the court system and there is always that chance that you don't prevail. You end up spending a lot of money in legal fees," explained Byron.

In the end, Henshall is being reimbursed for more than $10,000 in legal expenses. He said the rest can't make up for time lost with his pet.

"I've lost almost four years of his life, but I'll live the rest. We'll spend it together. It's okay," said Henshall.

On top of the $16,223 settlement, Volusia County spent thousands more on the legal battle. County officials said they believed it was time to cut their losses.

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