HILLSVILLE -- It has turned out to be a back-and-forth custody battle, but for the second time in as many weeks it appears that more than 60 confiscated dogs will be returned to their owner.

A Carroll County Circuit Court judge Wednesday afternoon upheld the dismissal of a civil case against a Hillsville kennel owner and former chief dog warden whose 63 dogs were seized last month from what state police called "deplorable" conditions.

Del. Terry Kilgore, R-Scott County, the attorney representing David Winesett, said he expects the judge to sign an order this week to return Winesett's dogs, which have been held at the Angels of Assisi shelter in Roanoke since the seizure.

"We are hoping Mr. Winesett gets the dogs soon," Kilgore said.

Winesett declined to comment Wednesday.

Earlier this month, a judge in the county's general district court dismissed the initial case because it was not held within the state-mandated 10 business days after the seizure. At that time Kilgore agreed to let the state retain custody of Winesett's dogs until the appeal was heard even though a spokesman from the attorney general's office had said Winesett would get his dogs back.

Circuit Court Judge Brett Geisler concurred Wednesday with the lower court's ruling.

"I find that the proper procedure should have been followed," he said to a courtroom filled with supporters of Winesett.

Because of holiday-related closings and the court's schedule to hear civil cases only on Tuesdays, the initial hearing was held 11 business days after the seizure.

To protect animals that may be living in cruel or abusive environments, state legislation allows animals to be removed from the owner's custody until a hearing can be held to determine placement and ownership of the animals.

Kilgore called the laws "extraordinary."

"The reason this is extraordinary is we are a country built on due process," he said.

Kilgore claimed Winesett's right to due process had been violated because the hearing was not held within the 10-day window established by law.

Rob Bryden of the state attorney general's office argued the law states a hearing "shall" be held but other courts have interpreted "shall" to mean "may."

"I am sure a lot of people in the audience read 'shall' and 'may be' and know exactly what is meant," Geisler said. "I read the code. ... It looked simple to me."

Limited case law regarding the seizure of property in civil matters created some "gray area" for Geisler, he said. But after deliberating for 10 minutes he decided to uphold the ruling.

The matter is not over: The state has 21 days to appeal the decision to the Virginia Supreme Court, and Winesett could still face criminal charges. Carroll County Commonwealth's Attorney Gregory Goad said it had not been determined if Winesett will be charged.

When the Yorkshire terriers, dachshunds, poodles, Boston terriers and schnauzers arrived in Roanoke last month, they were treated for damaged nails, decayed teeth, infected ears and paws, and other injuries -- the likely result of living in cramped and dirty quarters, according to those involved in the case.