A Park County rancher will be allowed to keep his remaining cattle after the Colorado Department of Agriculture seized nearly 400 animals from him a week ago, citing their poor condition and numerous dead cattle on his property.
On Friday, Judge Stephen Groome ruled that Vern Wagner can keep his remaining cattle, estimated to be 800 to 900 animals, until a civil lawsuit with state officials is settled. No date has been set for those proceedings.
Wagner, 77, runs a 130,000-acre ranch near Hartsel, keeping about 1,000 cattle and 140 horses. Wagner faced a temporary restraining order preventing him from owning any cattle pending future hearings and a possible ban on ranching in Park County altogether, according to a written statement from his attorney.
“This was a step in our favor,” said Jennifer Edwards, Wagner’s attorney, of the ruling Friday. “The judge clearly recognized that there were a lot of due process and civil- rights violations.”
The Department of Agriculture said danger to the animals’ health prompted the seizure.
Wagner said land-use issues prompted Park County officials to begin the measure. He said other area residents want the leased land he currently uses to graze his cattle. The terms of the lease require the land to be used, Wagner said.
During the four-day hearing, two veterinarians, several cattle owners and land-lease officials testified on Wagner’s behalf, Edwards said.
“A couple of months ago, a bunch of (cows) got on the wrong side of a hill with a lot of snow and (Vern) couldn’t get to them,” said Amy Mason, a veterinarian for the defense, in a recorded statement.
The nearly 400 confiscated animals can be sold at auction, Groome said. The money will be used for state Department of Agriculture costs, with the remaining funds distributed to the cattle’s owner.
Heather McWilliams: 303-954-1698 or hmcwilliams@denverpost.com
