Charlie Shoemaker/The Gazette Fred Silver, Missi Loewe and Debbie Shore are new officers of the Montgomery County Society for the Prevention of Cruelty to Animals.

A group of 200 volunteers, led by Fred Silver of Olney, is seeking a Circuit Court injunction to force the shelter's former operators to hand over the organization's funds, plus the animals and cages.

They plan to reopen the shelter, under new leadership for the Montgomery County Society for the Prevention of Cruelty to Animals, by Sept. 1.

"You can't believe the enthusiasm," said Silver, who was named the SPCA's new president. "These people...love these animals, and care only about their welfare."

Since it was started by a mother and daughter team more than three decades ago, the Montgomery County SPCA has helped with the adoption of thousands of stray cats and dogs.

The shelter in Olde Towne that housed about 35 cats closed on Thursday, surprising some volunteers who said they knew little about plans to lock the doors.

Volunteers believe the cats were placed in foster homes by the former operators, Silver said.

Members of the old board could not be reached for comment.

Volunteers had considered forming a new organization to run the shelter since June, when SPCA former president Claire Proffitt announced a new direction for the organization. At the time, Proffitt said it would focus on spay and neuter programs, plus education, and close the Gaithersburg shelter that she said was too expensive to run.

Volunteers who were disappointed with the decision took control of the SPCA name July 18. They said Proffitt had not renewed the corporate charter since 2000, so they formed a new nonprofit with the same name.

Now looking to gain control of all the SPCA's assets, including donations made to the organization that the former board has not turned over, the group has asked for an injunction against the three former board of directors ­ Proffitt, Cindy Wilson and Julie Slingerman.

Proffitt did not return phone calls, and Wilson and Slingerman could not be reached for comment.

A hearing in the case has not been scheduled.

Some volunteers said they have battled the former board for years, complaining of ineffective management and fund raising, and lack of communication.

The former board took over the shelter, which started in the garage of Washington Grove resident Polly Buel, when Buel died in 1997.

Gaithersburg, which owns the Olde Towne house where the shelter operated, received a formal notice that the building has been vacated, said Tony Tomasello, assistant city manager.

The house is on a parcel slated for redevelopment in the Olde Towne revitalization plan, Tomasello said, and he does not know whether the city will continue to lease the building.

"There's no automatic succession for this group," he said.

The volunteers hope to take over the lease, which costs about $1,600 a month, Silver said.

Now the group is focused on setting up new election guidelines for the board of directors, and raising donations for a reopening.

They have plans for expanded hours, more education and community involvement.

Most of all, the volunteers hope to put behind them a messy, emotionally charged fight, Silver added.

"We wish [Proffitt and the former board of directors] well," Silver said. "We're focused on moving forward and having a clean slate."