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DENVER—A lawsuit claims the Colorado Humane Society euthanized nearly one out every three animals at its “no kill” shelters in 2004, and regularly killed several animals each month to make room for more adoptable pets.

Colorado Attorney General John Suthers filed a lawsuit and documents in Arapahoe County court Wednesday seeking to wrest control of the 127-year-old institution from its managers and place it under the care of a custodian.

Suthers claims that some unwanted pets placed in the society’s care were killed within days, even though their owners hoped the animals would remain there long enough to be adopted.

The lawsuit claims managers wrongly raised money by claiming their euthanasia rate was lower than other shelters, filing regulatory paperwork that said their euthanasia rate was 8 percent.

Suthers’ lawsuit said the rate was as high as 29 percent. Suthers spokesman Nate Strauch said that rate happened in 2004, and figures for other years were not immediately available.

Messages left for society officials, including Robert and Mary Warren, and Stephanie Gardner, who were named in the lawsuit, were not immediately returned.

The society has a shelter and clinic in Englewood and provides dog and cat housing services for that city and nearby Littleton, in addition to accepting animals from the public. A second society shelter in the west Denver suburb of Lakewood closed in October 2007 after donations dropped when it was discovered that animal carcasses were being disposed of in a Dumpster.

Society officials said they accepted all dogs and cats and would euthanize animals only because of advanced age, sickness or injury, or if aggression made them unsuitable for adoption, according to Suthers’ lawsuit. Instead, the complaint alleges Executive Director Mary Warren disregarded that policy and regularly picked animals for euthanasia to make room for more adoptable animals.

Suthers estimated that on average, several animals were euthanized each month to make room for between 20 to 140 puppies and other smaller breeds transferred to the shelter from elsewhere. Animals chosen to be euthanized were usually larger dogs that were housed one or two to a kennel because six to seven smaller dogs could fit in the same space.

Martin Mersereau of People for the Ethical Treatment of Animals said it’s difficult to gauge what a shelter’s euthanasia rate should be, estimating about 5 million adoptable dogs and cats are euthanized each year.

“The ‘no kill’ movement is a noble but an extremely naive movement,” he said.

Strauch said a 14-month investigation by the attorney general’s office was prompted by an investigative story on the society by KMGH-TV.

Suthers’ lawsuit also alleges gross mismanagement of the society’s finances, raising about $3 million since 2003 without being properly registered as a charitable agency, mixing personal money with society funds, and illegally operating a veterinary clinic. Suthers also claims society managers failed to fully document spending $66,155 in donations received to help animals affected by Hurricane Katrina.

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