BLOOMINGTON - The Humane Society of Central Illinois has asked a judge to dismiss a lawsuit filed by a Hurricane Katrina victim who wants the organization to return her dog.

New Orleans resident Deborah Marks says she had to leave her golden retriever mix, Goldie, so she could find medication for her diabetic aunt during the aftermath of Katrina.

City officials kept Marks from going back to the city. Goldie was later rescued, flown to Bloomington by the Humane Society and adopted to a local family.

In a motion to dismiss Marks' civil lawsuit, the Humane Society says it no longer has possession of Goldie and argues it should not have to divulge who adopted the dog.

Scott Umland, a Peoria attorney who represents the Humane Society, said Monday that Marks isn't entitled to the information under the type of lawsuit she filed, an action of replevin.

Dominic Salvati, the Bloomington attorney who is representing Marks, said he is researching the issue involving replevin, and that he does not concede Umland is correct about his assertion.

Marks lost her home and car during Hurricane Katrina. After leaving New Orleans, Marks was not allowed back into the city for more than a month.

The Humane Society rescued about 60 dogs and cats Sept. 27 outside of New Orleans at the organization's expense. One of the dogs was Goldie, according to Marks' lawsuit.

Umland said there may be "other correct procedures for obtaining the information" about Goldie's adopted family, but that replevin deals specifically with property possessed by another party.

Salvati said he is looking forward to having the issue settled by Judge Charles Reynard when the case returns to court Oct. 6.