|Com v. Daly||56 N.E.3d 841 (Mass. App. 2016)||The Defendant Patrick Daly was convicted in the District Court of Norfolk County, Massachusetts of animal cruelty involving a “snippy," eight-pound Chihuahua. The incident occurred when Daly flung the dog out of an open sliding door and onto the deck of his home after the dog bit Daly’s daughter, which led to the dog's death. On appeal, defendant raised several arguments. He first challenged the animal cruelty statute as vague and overbroad because it failed to define the terms "kill," "unnecessary cruelty," or "cruelly beat." The court disregarded his claim, finding the terms of the statute were "sufficiently defined" such that a person would know that he or she "may not throw a dog on its leash onto a deck with force enough to cause the animal to fall off the deck, twelve feet to its death . . ." Defendant also claimed that a photo of his daughter's hand showing the injury from the dog bite was improperly excluded. However, the court found the defendant was not prejudiced by the judge's failure to admit the photo. Under a claim that his conduct was warranted, defendant argues that the jury was improperly instructed on this point. It should not have been instructed on defense of another because that relates only to defending against human beings and, instead, the jury should have been instructed on a defense of attack by an animal. The court found while there is no precedent in Massachusetts for such a claim, the rationale is the same as the given instruction, and defendant cannot complain that the jury was improperly instructed where he invited the instruction with his claims that his actions were necessary to protect his daughter. His other claims were also disregarded by the court and his judgment was affirmed.|
|Columbus v. Kim||886 N.E.2d 217 (Ohio, 2008)||
An Ohio dog owner was convicted in the Municipal Court, Franklin County, of harboring an unreasonably loud or disturbing animal as prohibited by city ordinance. On appeal to the Supreme Court, the owner contended that the term “unreasonable” in the ordinance “does not provide enough explanation to allow the average person to know what behavior is permissible.” The Supreme Court held that the ordinance was not unconstitutionally vague on its face, and was not unconstitutionally vague as applied.
|COLUMBUS R. CO. v. WOOLFOLK||58 S.E. 152 (Ga.1907)||
In this Georgia case, Woolfolk brought a suit to recover the value of a dog that he alleged was willfully and wantonly killed by the running of a street car on defendant's line of road. The defendant demurred specially to the paragraph that alleged the value of the dog to be $200. Defendant argued that the measure of damages could not be based on the value of the dog because dogs have no market value. The court disagreed, first noting that, by the common law a dog is property, for an injury to which an action will lie and the modern trend is to value dogs in the same way other domestic animals are valued. Further, the court found a "better rule" for ascertaining the measure of damages: “The value of a dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown. Judgment affirmed.
|Colucci v. Colucci||234 A.3d 1226 (Me. 2020)||This Maine case is an appeal of a divorce proceeding where one party argues the court erred in awarding the parties' dogs to another. In 2017, Suan Colucci filed a complaint for divorce against her husband, Stephen Colucci. In 2019, the court entered a judgment granting the divorce and awarded both dogs “set aside to [Susan] as her exclusive property.” On appeal by Stephen, this court found that undisputed evidence established that "Louise" the dog was acquired five years before marriage, and thus, was nonmarital property. Because no evidence was presented to which of the parties actually acquired Louise in 2010, the judgment was vacated and remanded for further proceedings to determine ownership of Louise.|
|Colorado Wild Horse v. Jewell||130 F. Supp. 3d 205 (D.D.C. 2015)||Finding the number of horses too high to maintain ecological balance and sustain multipurpose land use in Colorado's White River Resource Area, the US Bureau of Land Management (BLM) invoked its authority under the Wild Free–Roaming Horses and Burros Act (“Wild Horses Act”), to declare those horses to be “excess animals” and scheduled to remove them from the land. Plaintiffs—organizations challenged BLM's “excess” determinations and its decision to remove these horses. They asked the district court to enjoin BLM's planned gather. Because the Wild Horses Act authorized BLM's excess determination and BLM appeared to have used reasonable methods to estimate the total wild-horse population, the Court found that Plaintiffs were unlikely to prevail on their Wild Horses Act claims. And because the record reflected that BLM considered the cumulative effects of the proposed gather and permissibly relied on the Environmental Assessment written for a previous East Douglas HMA gather, the Court found that Plaintiffs were also unlikely to prevail on their National Environmental Policy Act claims. The Court further found that Plaintiffs were unlikely to suffer irreparable harm as a result of the gather and that the balance of equities and the public interest weighed in favor of BLM. Accordingly, the Court denied Plaintiffs' Motion for a Preliminary Injunction.|
|Colorado Wild Horse and Burro Coalition, Inc. v. Salazar||639 F.Supp.2d 87 (D.D.C.,2009)||
In this action, the plaintiffs (associations organized to protect wild horses and one equine veterinarian) challenged the decision of the BLM to remove all the wild horses from the West Douglas Herd Area in Colorado. Plaintiffs argued that the BLM's decision violated the Wild Free-Roaming Horses and Burros Act. Defendants countered that BLM's decision was a reasonable exercise of BLM's discretion and was thus entitled to Chevron deference. This Court held that BLM's decision to remove the West Douglas Herd exceeded the scope of authority that Congress delegated to it in the Wild Horse Act.
|Colorado Dog Fanciers v. City and County of Denver||820 P.2d 644 (Colo. 1991)||The plaintiffs, dog owners and related canine and humane associations (dog owners), filed a complaint in the Denver District Court against the defendant, City and County of Denver (city), seeking both a declaratory judgment on the constitutionality of the "Pit Bulls Prohibited" ordinance, Denver, Colo., Rev.Mun.Code § 8-55 (1989), and injunctive relief to prevent enforcement. The dog owners in this case claim the ordinance is unconstitutional, violating their rights to procedural and substantive due process and equal protection, is unconstitutionally vague, and constitutes a taking of private property.|
|Collier v. Zambito||1 N.Y.3d 444 (N.Y. 2004)||
Infant child attacked and bit by dog when he was a guest in the owner's home. After defenses motion for summary judgment was denied, the Appellate Court reversed, and this court affirms.
|Cole v. Ladbroke Racing Michigan, Inc.||614 N.W.2d 169 (Mich. 2000)||
Plaintiff, a licensed horse exercise rider sued the operator of a horse racing facility after he had been injured when he was thrown off a horse that he had been exercising, when the horse became spooked by a kite on the Defendant’s premises. The court determined that the Equine Activity Liability Act (EALA) did not offer protection of immunity to the Defendant because the exercising was found to be an activity in preparation for a horse race and the EALA does not apply to “horse race meetings.” However, the Plaintiff had previously signed a release, which covered “all risks of any injury that the undersigned may sustain while on the premises,” therefore, the Defendant was released from liability of negligence.
|Cole v. Hubanks||681 N.W.2d 147 (Wis. 2003)||
Police officer was injured by homeowner's dog and sued for damages. The Supreme Court held that public policy does not dictate extending the firefighter's rule to the police officer, and therefore, that the officer could sue for injuries received as a result of the bite. Reversed and remanded.
|Cohen v. Kretzschmar||30 A.D.3d 555 ((N.Y.A.D. 2 Dept. 2006)||
The New York Supreme Court, Appellate Division, held that the owners established that their dog did not have a propensity to jump up on people, and that they were not negligent in the manner in which they handled the dog at the time of the alleged accident. The judgment granting defendants' motion for summary judgment was affirmed.
|Cohen v. Clark||--- N.W.2d ----, 2020 WL 3524851 (Iowa June 30, 2020)||Karen Cohen possessed a severe allergy to pet dander which was medically documented. Cohen was even more severely allergic when exposed to cat dander which required her to carry an EpiPen with her. Initially her allergy to cats was the same as her allergy to dogs, however, with repeated exposure, her allergy to cats became worse. Cohen feared that her allergy to dogs would similarly progress if she were repeatedly exposed to dogs. As a result, Cohen entered into a lease agreement with 2800-1 LLC to rent an apartment relying on the fact that the apartment complex had a no pet policy. Two months into her lease, David Clark entered into a lease agreement with 2800-1 LLC to rent an apartment down the hall from Cohen. Shortly after moving in, Clark presented 2800-1 LLC with a letter from his psychiatrist explaining that due to Clark’s chronic mental illness a dog would benefit his mental health. Clark request a reasonable accommodation to have an emotional support animal (“ESA”) on the apartment premises. Jeffrey Clark, the leasing and property manager, notified the other tenants in the building of the request to accommodate the ESA and asked if any tenants had allergies to dogs. Cohen responded to Jeffrey detailing the allergies that she had to dogs and cats. Jeffrey subsequently contacted the Iowa Civil Rights Commission (“ICRC”) and requested a review or a formal agency determination. A staff member of the ICRC informed Jeffrey that he had to reasonably accommodate both Cohen’s allergies and Clark’s ESA request. There was no formal finding that this would constitute a reasonable accommodation. 2800-1 LLC allowed Clark to have a dog as his ESA while at the same time trying to mitigate Cohen’s allergies by having Cohen and Clark use separate stairwells and purchasing an air purifier for Cohen’s apartment. Despite the attempts to accommodate both tenants, Cohen still suffered allergic reactions and she had to limit the amount of time she spent in her apartment building. On September 27, 2017, Cohen brought a small claims action against 2800-1 LLC seeking one month’s rent as damages and alleging that 2800-1 LLC breached the express covenant of her lease that provided for no pets. Cohen also alleged that both Clark and 2800-1 LLC breached her implied warranty of quiet enjoyment. The small claims court dismissed Cohen’s claims. Cohen filed a notice of appeal three days later to the district court. The District Court concluded that 2800-1 LLC made sufficient efforts that would have justified denying Clark’s request for accommodation or asking him to move to another apartment building, however, because Iowa law was not sufficiently clear, they also dismissed the claims against 2800-1 LLC and Clark. Cohen filed an application for discretionary review to which 2800-1 LLC consented. The Supreme Court of Iowa granted the parties’ request for discretionary review. The Supreme Court noted that there is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation questions with ESAs. The Court ultimately found that Clark’s ESA was not a reasonable accommodation and that the 2800-1 LLC breached its promise to Cohen that the apartment would have no pets other than reasonable accommodations. 2800-1 LLC had other apartments available in other buildings that allowed pets. Cohen also had priority in time since she signed her lease first. The Court ultimately reversed and remanded the district court’s dismissal of Cohen’s case.|
|Coffey v. Bureau of Land Mgmt.||249 F.Supp.3d 488 (D.D.C. Apr. 20, 2017)||As the court here states, "Plaintiff Debbie Coffey knows a great deal about wild horses and burros—and how those animals are treated by the federal Bureau of Land Management—but she wants to learn more." As such, Plaintiff, a hose welfare advocate, filed a Freedom of Information Act (FOIA) request to the BLM to obtain communications between its officials and private citizens, namely those with long-term holding contracts, involved in the Wild Horse and Burro Program. In conjunction with her request, the BLM charged plaintiff $1,680 in processing fees, but ultimately refunded her the fees a year and half later because it failed to meet FOIA statutory response deadlines. On appeal, Coffey filed a FOIA suit and both sides moved for summary judgment. Plaintiff first argues that the BLM violated FOIA when it failed to give her interest on her processing fees. The court, however, found that awarding interest here would violate the longstanding "no-interest rule," where there was no congressional intent to award interest in such cases. As to plaintiff's argument that BLM's search for records was inadequate, the court agreed with plaintiff that the words and phrases used by BLM were too limiting to meet plaintiff's request and were thus unreasonable. The court held that BLM must choose a different set of search terms (including those suggested by plaintiff) and conduct the FOIA search again. However, the court found that plaintiff's additional contentions that: (1) the search terms were too vague; (2) the database and software needed to be identified; and (3) BLM needed to also include phone records in its search to be without merit. The parties' motions for summary judgment were granted in part and denied in part.|
|Coe v. Lewsader||64 N.E.3d 817, appeal denied, 77 N.E.3d 81 (Ill. 2017)||In this case, Ryan and Hillary Coe filed suit against Eric and Trish Lewsader for damages resulting from an accident involving the Lewsader’s dog. Ryan Coe was driving his motorcycle while intoxicated on a public highway when he hit the Lewsader’s dog that was lying in the middle of the street. Coe suffered severe injuries as a result of the accident and filed suit against the Lewsader’s according to Section 16 of the Illinois Animal Attacks or Injuries statute. According to the Act, “if a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages.” In order to be awarded damages under the Act, the Coe’s needed to establish “some overt act” of the Lewsader’s dog . As a result, the question before the court was whether or not the Lewsader’s dog was acting overtly when it was lying in the middle of the street at the time of the accident. Ultimately, the court held that the dog was not acting overtly by lying in the middle of the street. Also, the court rejected the Coe’s argument that the dog had acted overtly when it walked into the street before lying down. The court rejected this argument because the overt act needed to take place at the time of the injury, not before. As a result, the court found that the Lewsader’s were not liable for civil damages under the Act because the dog had not acted overtly at the time of accident and therefore the Act did not apply in this situation.|
|Coballes v. Spokane County||274 P.3d 1102 (Wash.App. Div. 3)||
In this case, the Washington Court of Appeals determined the appellant had a statutory right to appeal a county board’s dangerous dog declaration because the board had acted within its ordinary and usual duties. The availability of the right to appeal, however, foreclosed a statutory and constitutional writ of review/writ of certiorari. Furthermore, given the court’s finding that a prior proceeding constituted an appeal as of right, the appellant’s dangerous dog declaration could only be appealed under a discretionary review. The court therefore granted the appellant leave to file a motion for discretionary review.
|Clyncke v. Waneka||157 P.3d 1072 (Colo. 2007)||
In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.
|Club Gallistico de Puerto Rico Inc. v. United States||--- F.Supp.3d ----, 2019 WL 5566322 (D.P.R. Oct. 28, 2019)||Club Gallistico de Puerto Rico, Inc. (Club Gallistico) and the Asociacion Cultural y Deportiva del Gallo Fino de Pelea (Asociacion Cultural) both filed civil complaints against the United States Government. The complaints alleged that the Section 12616 amendments to the Animal Welfare Act (AWA) violated bedrock principles of federalism and rights protected under the United States Constitution. Both Club Gallistico and Asociacion Cultural are both non-profit organizations involved in the Commonwealth of Puerto Rico’s cockfighting industry. The amendments to the AWA outlawed all animal fighting ventures in which animals were moved in interstate or foreign commerce in every United States jurisdiction. These amendments extended the ban to United States territories which the Plaintiffs argued the United States did not have the authority to do. Both cases were consolidated and heard by the District Court. The Court analyzed the amendments under the Federalism doctrine, the Commerce Clause, and the Territorial Clause. Extending the ban on live-bird fighting did not violate either of the three. Further, the amendments did not violate the Tenth Amendment to the United States Constitution or any other constitutional rights such as free speech or due process. The Court ultimately denied the Plaintiffs’ Motion for Summary Judgment and Granted Defendant United States’ Cross-Motion for Summary Judgment.|
|Cleveland Hts. v. Jones||2006 WL 256638 (Ohio App. 8 Dist.)||In this Ohio case, the defendant was convicted in the Cleveland Heights Municipal Court of keeping more than two dogs at his single-family residence contrary to an ordinance that limited the keeping of more than two dogs at a single-family residence (defendant was found to have three dogs, one of whom he said was "visiting" his daughter). In affirming defendant's conviction, the court found no merit to defendant's challenge that the term "kept" was ambiguous. Further, the evidence adduced at trial was sufficient to support defendant's conviction where the officer witnessed the dogs at the residence and defendant admitted to having three dogs in his home even without ownership of the third.|
|Claddie Savage v. Prator||886 So.2d 523 (La.App. 2 Cir. 2004)||
A Parish Sheriff informed game clubs the parish ordinance against cockfighting would be enforced, despite the fact that cockfighting tournaments had been held at the game clubs since 1991. The game clubs filed for and received a preliminary injunction against enforcement of the parish ordinance. The Court of Appeals affirmed the trial court decision. Reversed by Savage v. Prator , 921 So.2d 51 (La., 2006).
|City of Whitehall v. Zageris (Alise K.)||1985 WL 55 (Ohio App. 10 Dist.)||
Defendant was charged with violation of two ordinances of the City of Whitehall, one charge being of keeping or harboring noisy dogs, and the other being a charge of keeping or harboring more than three dogs. After a jury trial, defendant was found not guilty of keeping or harboring noisy dogs but guilty of keeping or harboring more than three dogs. Of the ten points raised on appeal, defendant raised a constitutional challenge to the zoning ordinance, claiming that the trial court erred by not holding Whitehall Municipal Ordinance 505.13 (possessing more than three dogs) was unconstitutional. In denying her claim, the court fist noted that this type of ordinance passes facial constitutionality based on previous caselaw. Further, there was no evidence that this ordinance was enacted or enforced with a discriminatory intent.
|City of Water Valley v. Trusty||343 So.2d 471 (Miss. 1977)||Appellants filed b ill of complaint seeking to enjoin enforcement of city's dog leash ordinance. The court summarily held that Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question.|
|City of Sausalito v. O'Neill||386 F.3d 1186 (9th Cir. 2004)||
A City sought to prevent the National Park Service from implementing a development plan in a nearby recreational area claiming the Park service had violated various environmental statutes. The trial court held the City did not have standing to assert most of its claims and lost on the merits of the remaining claims. The Court of Appeals held the City did have standing to assert all of its claims, but lost on the merits of all its claims except those under the Coastal Zone Management Act and the Marine Mammal Protection Act.
|City of Sausalito v. Brian O'Neill||2002 U.S. Dist. LEXIS 12457 (N.D. Cal. 2002)||
In considering standing under the MMPA, the court found that the plaintiff city had only pure economic injury and had not shown that any harm would result to marine mammals protected under the MMPA.
|City of Rolling Meadows v. Kyle||494 N.E.2d 766 (Ill.App. 1 Dist.,1986)||
In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase “other than domesticated house pets” as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.
|City of Richardson v. Responsible Dog Owners of Texas||794 S.W.2d 17 (Tex. 1990).||
City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs.
|City of Pierre v. Blackwell||635 N.W.2d 581 (S.D. 2001)||
In this South Dakota case, the owner of a dog declared by an animal control officer to be "dangerous" pursuant to Pierre City Ordinance § 10-3-111 challenged the conviction on the basis that the ordinances themselves were unconstitutional and that his constitutional right to procedural due process has been violated. The court held that the ordinances themselves were constitutional, noting the broad authority municipalities have to regulate pet ownership as a legitimate exercise of police power. The court reversed and remanded for determination on the factual issue of the dog's dangerousness. Specifically, if the City opts for a civil hearing, absent exigent circumstances, the owner of a dog is entitled to a due process hearing on the issue of dangerousness.
|City of Onida v. Brandt||--- N.W.2d ----, 2021 WL 1681818 (S.D., 2021)||The City of Onida (the City) filed a petition for declaratory judgment seeking authorization from the circuit court to euthanize two dogs owned by the Appellants as “vicious animals” under Onida ordinances or, alternatively, based upon a determination that the dogs were dangerous under state law (SDCL 7-12-29). The circuit court concluded the City could not require the dogs to be euthanized under the ordinance but found that the requirements of SDCL 7-12-29 were met. Appellants appeal the circuit court's order directing the Sheriff to dispose of the dogs pursuant under state law. In 2020, the appellants' dogs attacked a neighbor's smaller dog just outside of the neighbor's door to their home. The attack caused numerous bite wounds and internal injuries to the smaller dog who eventually died. Prior to this event, there were two other incidents where appellants' dog rushed up to a woman working outside her house barking aggressively and another incident involving the same neighbor's dog who was the victim in the instant case. The sheriff was summoned for the prior incidents, although no formal action was taken and appellants beefed up measures to keep the dogs in their yard. After the attack on the neighbor's dog, the sheriff formally declared the dogs "vicious animals" under the city's ordinance and obtained a TRO to remove the dogs to keep them at a nearby kennel until further disposition from the court. Ultimately, the City filed a petition for declaratory judgment requesting authorization for euthanasia of the dogs. Alternatively, the City sought a determination of dangerousness under SDCL 7-12-29 and requested an order allowing the sheriff to dispose of the dogs. The court found Appellants violated SDCL 40-34-2 by owning a “dog that chases, worries, injures, or kills any ... domestic animal ....” The court further found under the Ordinance that the dogs were improperly unleashed and running at large within city limits and that the dogs were “vicious animals.” However, the court determined the City could not require Appellants to euthanize the dogs under the Ordinance because no “vicious animal” notice had been given to Appellants prior to the fatal attack on the neighbors’ dog. However, the court found that Appellants’ dogs were dangerous under SDCL 7-12-29 and authorized the Sheriff to dispose of the dogs. The circuit court stayed the order pending this appeal. On appeal, the appellants challenge the City's authority to request that the Sheriff dispose of the dogs under SDCL 7-12-29 after the circuit court denied such relief under the Ordinance. Appellants also argue that the circuit court erred in determining the dogs were dangerous and authorizing the Sheriff to dispose of the dogs under SDCL 7-12-29 in absence of a showing that the Department of Health had been consulted. The Supreme Court held that presented on appeal is whether the circuit court could order the Sheriff to dispose of the dogs under SDCL 7-12-29. SDCL 7-12-29 allows a sheriff to take possession of any animal suspected of being dangerous, continue to hold the animal until a formal determination of dangerousness can be made, and dispose of the animal through humane means if it is determined to be dangerous. Appellants claim that the court improperly used a "hybrid" application of both state and local law. This Court disagreed, finding that appellants presented no authority that the sheriff could not act under state law as opposed to city law. Appellants’ second argument is that circuit court erred by entering an order to permit the Sheriff to dispose of the dogs under the statute without first requiring consultation with the Department of Health for the purpose of rabies control. The Court agreed that the text of SDCL 7-12-29 includes both public safety and public health considerations that requires a formal consultation. However, the Court found this error to be harmless and the failure to consult with the Department of Health had any effect on the court's decision, or that it harmed the substantial rights of the Appellants. In fact, it was stipulated that both dogs were vaccinated against rabies and no continuing public health risk existed since the dog victim died 12 months prior at the veterinarian. The Court affirmed the judgment of the circuit court ordering that “the Sheriff may now dispose of [Appellants’ two dogs] through humane euthanasia.”|
|City of Marion v. Schoenwald||631 N.W.2d 213 (S.D.,2001)||
To keep excessive numbers of large dogs from becoming a public nuisance, the City of Marion, South Dakota passed an ordinance that, among other things, limited households to four dogs, only two of which could weigh over 25 pounds. Schoenwald owned three dogs: one shepherd-collie mix weighing 75 pounds and two golden retrievers, weighing 30 pounds and 20 pounds. She was then notified that by housing three dogs weighing over 25 pounds she was in violation of the ordinance. She failed to comply with the City's order to remove one dog and was issued a citation. The Supreme Court reversed the lower court's ruling in Schoenwald's favor and found that South Dakota law permits municipalities broad power to regulate the keeping of dogs; thus the weight limitation included in the City's comprehensive pet ordinance was within its authority.
|City of La Marque v. Braskey||216 S.W.3d 861 (Tex. Ct. App. 2007)||
A city's ordinance did not allow a kennel, defined as a place containing more than four dogs and cats, to be operated within 100 feet of a residence, school, or church. A woman kept as many as 100 cats at a time in a shelter within 100 feet of three homes, and she was criminally charged under the ordinance. The court found that the ordinance did not violate the plaintiff's constitutional rights because there was no right to use her property in any manner that she chose.
|City of Houston v. Levingston||Not Reported in S.W.3d, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.))||
A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).
|City of Houston v. Levingston||221 S.W.3d 204 (Tx.App.-Hous.(1 Dist.) 2006)||
This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.
|City of Garland v. White||368 S.W.2d 12 (Tex. Civ. App. 1963).||
Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.
|City of Delray Beach v. St. Juste||989 So.2d 655 (Fla.App. 4 Dist. 2008)||In this Florida case, the city of Delray Beach appealed from a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. The plaintiff suggested that the city's failure to impound the dogs after prior numerous complaints contributed to the attack. The court concluded that decisions made by the city's animal control officer and police to not impound the dogs were discretionary decisions, and therefore the city was immune.|
|City of Delray Beach v. St. Juste||989 So.2d 655 (Fla.App. 4 Dist.,2008)||
In this Florida case, the city of Delray Beach appeals a judgment for damages in favor of plaintiff, who was injured by two loose dogs. Plaintiff was attacked and severely injured by two large dogs owned by a resident of Delray Beach, when the dogs escaped from the resident's fenced yard. The theory of liability was based on the city's knowledge, from prior complaints and an actual visit by an animal control officer, that these dogs were loose from time to time and dangerous. This court agreed with the city, finding that the decision of an animal control officer was discretionary and therefore immune from liability under these circumstances.
|City of Columbiana v. Simpson||--- N.E.3d ----, 2019 WL 4897158 (Ohio Ct. App., 2019)||Richard G. Simpson, Appellant, lived in a residential district in Columbiana, Ohio. Simpson kept eight hens, a chicken coop, and an enclosure on his property for approximately seven years. On July of 2016, Simpson was informed that keeping chickens in the district he lived in was a zoning violation, however, Simpson found no prohibition in the Code regarding the keeping of chickens in a residential district. The city sent Simpson violation notices and instructed him to remove the chickens from the property. Simpson appealed the violation to the Planning Committee. On June 20, 2017 the City Council voted to place a resolution on the ballot for voters to decide whether chickens could be kept in residential districts. The resolution failed at the general election. A second notice was sent to Simpson and Simpson refused to remove the chickens from his property. The City instituted an action for declaratory judgment and injunctive relief on March 13, 2018. The trial court held that the keeping of chickens was prohibited in the City’s residential districts and that the city ordinances were valid on their face and were not arbitrarily or capriciously applied. Simpson appealed. Simpson argued that keeping the chickens did not constitute an agricultural use or poultry husbandry because he kept them as a hobby and therefore does not violate any of the city ordinances. The Court did not agree and concluded that the keeping of chickens fell within the definition of agriculture and was, therefore, prohibited based on the ordinances. Simpson next argued that since he acquired the chicken and coop prior to the City applying the prohibitions, it was a legal non-conforming use and that the zoning code contained no language that would have put him on notice that such property was not permitted on his real property. The Court concluded that there was no error by the trial court in holding that Simpson’s use of his land was not a legally conforming use. Finally, Simpson argued that the one of the city ordinances was arbitrary and unreasonable because there was no evidence of the chickens, coup, or enclosure constituting a nuisance. The Court concluded that a city is not required to show that a property owner’s proposed use constitutes a nuisance in order to establish the constitutionality of the ordinance. The Court found that the ordinance was neither arbitrary nor unreasonable and bears a substantial relation to the public health. The ordinance was a valid exercise of the City’s police power. The Court ultimately held that the City ordinance prohibited the keeping of chickens in residential districts. The prohibition was inferred from reading the ordinance in concert with other Code sections. The judgment of the trial court was affirmed.|
|City of Cleveland v. Turner||--- N.E.3d ----, 2019 WL 3974089 (Ohio Ct. App., 2019)||Defendant was convicted by bench trial of one count of sexual conduct with an animal (bestiality) in violation of R.C. 959.21(B). He was sentenced to 90 days in jail (with credit for time served), a $750 fine, with five years of inactive community control that included no contact with animals and random home inspections by the Animal Protection League (APL). The evidence supporting his conviction came from explicit letters defendant wrote to his boyfriend (who was incarcerated at the time) that described acts of bestiality. Defendant was also a sex offender parolee at the time of the letter writing. The letter, which was intercepted by jail officials, recounted a sexual act defendant engaged in with a dog that was under his care. Other similarly explicit letters were entered as evidence. In addition to the letters, the dog's owner testified that she left her dog with defendant and, after picking up the dog, the dog's behavior markedly changed from friendly to anxious and afraid. In addition, the dog was skittish for many days after, licked her genitals excessively, and was uncomfortable with any person near her backside, including the veterinarian. On appeal, defendant contends that the court erred by admitting his extrajudicial statements without independent evidence of a crime. Specifically, defendant contends the city failed to establish the corpus delicti to permit introduction of his purported confession. The court noted that this was a case of first impression since there is no Ohio case law that has analyzed the corpus delicti issue in the context of R.C. 959.21. Relying on the Indiana case of Shinnock v. State, 76 N.E.3d 841 (Ind.2017), this court found that while there was no direct evidence of a crime against the dog, the circumstantial evidence corroborates defendant's statements in his letter. The corpus delicti rule requires that the prosecution supply some evidence of a crime to admit the extrajudicial statements. Here, the city did that with the dog owner's testimony concerning the dog's altered behavior after being left alone with defendant. The court also found the evidence, while circumstantial, withstood a sufficiency of evidence challenge by defendant on appeal. On the issue of sentencing and random home inspections as a condition of his community control sanctions, the court found that the trial court did not have "reasonable grounds" to order warrantless searches of real property for a misdemeanor conviction. The finding of guilt for defendant's bestiality conviction was affirmed, but the condition of community control sanction regarding random home inspections was reversed and remanded.|
|City of Cleveland v. Lupica||2004 WL 2340639 (Ohio, 2004)||
Defendant plead no contest to failure to confine and insure her dog after her pit bull attacked a mail carrier. The trial court's decision to have the dog turned over to the city and destroyed was reversed. The Court of Appeals found Defendant's no contest plea was not entered knowingly, intelligently or voluntarily.
|City of Canton v. Harris||489 US 378 (1989)||
Detainee brought civil rights action against city, alleging violation of her right to receive necessary medical attention while in police custody. The Supreme Court held that inadequacy of police training may serve as basis for § 1983 municipal liability only where failure to train amounts to deliberate indifference to rights of persons with whom police come into contact.
|City of Boston v. Erickson||877 N.E.2d 542 (Mass.2007)||
This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.
|City of Armidale v Kiraly|| WASC 199||
The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.
|CITIZENS' RAPID-TRANSIT CO. v. DEW||45 S.W. 790 (Tenn. 1898)||
In 1898, this court affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that, "Large amounts of money are now invested in dogs, and they are extensively the subjects of trade and traffic. They are the negro's associates, and often his only property, the poor man's friend, and the rich man's companion, and the protection of women and children, hearthstones and hen roosts. In the earlier law books it was said that "dog law" was as hard to define as was "dog Latin." But that day has passed, and dogs have now a distinct and well established status in the eyes of the law."
|Citizens' Rapid-Transit Co. v. Dew||45 S.W. 790 (Tenn.1898)||
This is an action for negligently injuring and killing a dog by the driver of a streetcar. The Supreme Court of Tennessee affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that since large amounts of money are now invested in dogs, and since they are regarded as companions to many in society, they now have "a distinct and well established status in the eyes of the law." Thus, the owner of a dog has property rights in that dog to maintain an action at law. The Supreme Court of Tennessee found that the defendant company was guilty of negligence in the killing of Dew's dog, that his death could have been prevented by the exercise of proper care and diligence.
|Citizens to End Animal Suffering and Exploitation v. The New England Aquarium||836 F. Supp. 45 (1993)||
The primary issue addressed by the court was whether a dolphin, named Kama, had standing under the MMPA. The court found the MMPA does not authorize suits brought by animals; it only authorizes suits brought by persons. The court would not impute to Congress or the President the intention to provide standing to a marine mammal without a clear statement in the statute.
|Citizens for Responsible Wildlife Management v. State||71 P.3d 644 (Wash. 2003)||
A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional. The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion. The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.
|Citizens for Better Forestry v. U.S. Dept. of Agriculture||632 F.Supp.2d 968 (N.D.Cal.,2009)||
Plaintiffs Citizens for Better Forestry brought an action against Defendant U.S. Department of Agriculture alleging failure to adhere to certain procedures required by NEPA and the ESA after Defendant promulgated regulations governing the development of management plans for forests within the National Forest System upon preparation of an allegedly insufficient Environmental Impact Statement and without preparation of a Biological Assessment or consultation with the Fisheries and Wildlife Service or the National Marine Fisheries Service. On parties’ cross motions, the United States District Court granted Plaintiffs’ motion for summary judgment and denied Defendant’s motion for summary judgment, finding that Plaintiffs had standing, that Defendant did not comply with its requirements under the NEPA because the Environmental Impact Statement prepared by Defendant did not adequately evaluate the environmental impacts of the proposed regulations, and that Defendant did not comply with its requirements under the ESA because Defendant did not prepare an adequate Biological Assessment.
|Citizens for Balanced Use v. Maurier||303 P.3d 794 (Mont. 2013)||
Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
|Citizens for Alternatives to Animal Labs, Inc. v. Board of Trustees of State University of New York||92 NY2d 357 (NY, 1998)||
Citizens wanted access to University records dealing with biomedical research using cats and dogs. These records were created, as required by federal Law, but access to the records was requested under state law. According to the New York Freedom of Information Act (FOIL), documents held by an “agency” should be disclosed. The lower Appellate Division held that s ince the University did not fall under the definition of “agency" under New York Public Officers Law, it was not required to turn over such documents. The New York Court of Appeals, however, found that the Appellate Division's rationale for denying FOIL disclosure was inconsistent with precedent, and that the legislative goal behind FOIL of was liberal disclosure, limited only by narrowly circumscribed specific statutory exemptions. Thus, in reversing the Appellate Division's decision, the Court of Appeals held that the records were subject to disclosure.
|Cisneros v. Petland, Inc.||972 F.3d 1204 (11th Cir. 2020)||Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part.|
|Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah||508 U.S. 520 (1993)||
Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.
|Christian v. Petco Animal Supplies Stores, Inc.||54 A.D.3d 707 (N.Y.A.D. 2 Dept., 2008)||
This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.