MOUNT VERNON — Twenty-eight of 40 dogs confiscated from local breeder Kris Finch will be returned to her, a judge ruled Tuesday.

Judge David Svaren said the search warrant that he issued was too broad and should not have included the barn where most of the dogs were kept.

On Jan. 21, the Skagit County Sheriff’s Office seized all but one of Finch’s dogs and two ponies from her Big Lake property after searching her house and barn.

It’s been almost seven weeks since officials took Finch’s dogs, and no criminal charges have been filed against her.

Svaren said in court that while it appears there was neglect, he should not have allowed authorities into the barn because the warrant was based on information gathered months ago. Therefore, the 28 dogs from the barn will be returned.

The remaining 12 dogs were in the house, including three kept crated in the laundry room for up to 18 hours a day and had no place to go to the bathroom. Two ponies were said to be emaciated. Those animals will not be returned at this time.

Svaren’s ruling found that testimony during Finch’s petition to have her animals returned did not show enough evidence that the conditions for those animals would improve.

No date has been set to return the 28 dogs.

The situation involving Finch’s animals is not connected to the case involving the seizure of more than 400 dogs from another kennel in the area. In that case, owners Marjorie and Richard Sundberg are facing animal cruelty charges, and they forfeited possession of those dogs.