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N.D. (AP) – Nearly all of the 174 dogs seized by Cass County sheriff’s deputies from a Wheatland breeder have been released from a Casselton animal clinic and sent to foster homes.

The dogs were seized July 10 because authorities said they were being kept in poor conditions. Prosecutors say the dogs had no access to food or water, and no air conditioning or ventilation in hot conditions.

Dog owner Darcy Smith is fighting to get the dogs back. A hearing is set for Tuesday. The Casselton Veterinary Clinic says the cost of caring for the dogs since their seizure has topped $100,000. About $33,000 has been raised through a public fund.