Trial of the case in which United Pet Supply is suing the city and the McKamey Animal Center has been delayed due to the filing of an appeal of an issue in the case.
Attorneys for McKamey Center employees Karen Walsh, Marvin Nicholson, Jr. and Paula Hurn appealed to the United States Court of Appeals a decision by Judge Curtis Collier that they were not entitled to the protection of governmental immunity.
The trial had been set to start Monday with Mayor Ron Littlefield listed as one of the witnesses.
The 29-page complaint by United Pet Care says McKamey illegally took the permit for its store at Hamilton Place Mall and also illegally confiscated most of the animals at the store.
It says McKamey was acting with ulterior motives when it took 82 animals and the company business records in a raid June 15, 2010. The permit was eventually returned to the store along with most of the animals.
City Judge Sherry Paty stepped down from the case, saying Mayor Littlefield had improperly interfered. An outside judge later dismissed the case, citing "double jeopardy."
The suit asked $5 million in compensatory damages and $5 million in punitive damages. Judge Collier threw out the punitive damage claim against employees Nicholson and Hurn.