A Burleigh County woman will get her day in court over whether 47 dogs and six cats were improperly taken from her home in March.

Lila Peterson appealed the matter to the North Dakota Supreme Court in April. The state high court on Tuesday ordered the case returned to district court in Burleigh County for further proceedings.

The Burleigh County Sheriff's Department was alerted to the number of animals at Peterson's rural Bismarck home in early February by the state veterinarian's office, which had been contacted by a concerned citizen. At the time, Peterson told the Tribune a slump in sales had resulted in her having about 75 Chihuahuas living in her basement.

Peterson gave away and sold numerous dogs after the sheriff's department began investigating. Nearly a month after the initial report to law enforcement, Peterson relinquished ownership of 47 dogs, which included newborn puppies, and six cats, to the sheriff's department.

Peterson was charged March 31 with animal neglect. The charge was dismissed in November after prosecutors failed to provide evidence about a single dog being neglected, as opposed to evidence of all the animals in Peterson's care being neglected.

Peterson, and her attorneys Ralph and Justin Vinje, argued Peterson had not relinquished ownership voluntarily of the animals at her home, some of which did not belong to her. They said Peterson was given a form to sign, but she did not read it. She instead read a form left by sheriff's deputies that indicated she could redeem the animals in five days if she could prove she could provide adequate care for the animals.

Peterson petitioned the court on a hearing in the matter, as set out in the form left at her house, but South Central District Judge Thomas Schneider dismissed the case after the Burleigh County State's Attorney's Office said she had given up the animals on her own free will.

The Supreme Court unanimously decided the case should be returned to district court to determine whether Peterson voluntarily relinquished ownership of the animals. If it is determined she did not voluntarily give up the animals, Peterson will be given the opportunity to prove she can provide adequate care for the animals before they may be returned.

Some animals were sent to Prairie Paws Rescue in Jamestown, while others were cared for temporarily at the Bismarck Police Department Impound. Authorities planned to send the animals at the police department impound to out-of-state rescue organizations following vaccinations and quarantine periods.

Burleigh County Assistant State's Attorney Julie Lawyer, who is handling the case, did not return a call seeking information about the animals whereabouts late Tuesday afternoon.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)