Cases

Case name Citationsort descending Summary
Stray from Heart, Inc. v. Department of Health and Mental Hygiene of City of New York 20 N.Y.3d 946 (N.Y., 2012)

Petitioner, an animal rescue organization, filed suit seeking the enforcement of the Animal Shelters and Sterilization Act. The court held that the act does not provide for a private right of action for money damages. Instead, the legislative history reveals the law was designed to benefit the general public in New York City as well as stray cats and dogs. The court affirmed the lower court's decision with costs.

State v. Dan 20 P.3d 829 (Or. 2001)

This is an appeal of a circuit court decision in an aggravated animal abuse case.  A defendant was convicted in circuit court of aggravated animal abuse and other charges. On appeal, the Court of Appeals held that the defendant's testimony that he loved his children more than the dog he shot was not evidence of his character, thus the evidence offered by the state in rebuttal (that the defendant assaulted his spouse) was not admissible and not harmless error by the trial court.

New Orleans Bulldog Soc'y v. Louisiana Soc'y for the Prevention of Cruelty to Animals 200 So. 3d 996 (La.App. 4 Cir. 9/7/16), writ granted, 2016-1809 (La. 1/9/17), 214 So. 3d 859, and aff'd, 2016-1809 (La. 5/3/17), 222 So. 3d 679 The Plaintiff, the Bulldog Rescue Mission, is a nonprofit dog welfare organization organized under Louisiana law to advocate for dog welfare in New Orleans. The plaintiff sought information under Louisiana’s Public Records Law related to the dogs euthanized by the Defendant, the Louisiana Society for the Prevention of Cruelty to Animals (LSPCA). LSPCA declared that they were not a public body and thus, not subject to the Public Records Law. The Bulldog Rescue Mission filed a petition for writ of mandamus in the district court, seeking a declaratory judgment and injunctive relief. The trial court dismissed their petition and the plaintiff appealed. The Court of Appeal of Louisiana, Fourth Circuit held that LSPCA was a quasi-public entity subject to Public Records Law because the organization performed municipal functions on behalf of the municipal government. The court found LSPCA receives an annual compensation of almost two million dollars for providing services for quasi-municipal functions such as enforcing code violations and taking and receiving animals. Thus, it cannot characterize the service as "voluntary" since it "clearly operates[s] under the color of City Authority." Bulldog rescue also claims error with the trial court ruling that, even if LSPCA is subject to public records laws, these obligations are met through its Cooperative Endeavor Agreement (CEA) reporting requirement. This court found that the CEA contractual agreement made between the city of Louisiana and LSPCA allowing the organization to provide mandated city services related to animal control could not be used to circumscribe Public Records Law compliance. In other words, the limited statistical reporting required under the CEA is not a valid substitute for a public record request that would show all governmental functions and duties performed. The judgment of the trial court was reversed where this court found the trial court clearly erred in dismissing the Bulldog Rescue petition for a writ of mandamus.
Lay v. Chamberlain 2000 WL 1819060 (Ohio Ct. App. Dec. 11, 2000) (Not Reported in N.E.2d) Chamberlain owned a dog breeding kennel with over one hundred fifty dogs. An investigation was conducted when the Sheriff's Office received complaints about the condition of the animals. Observations indicated the kennel was hot, overcrowded, and poorly ventilated. The dogs had severely matted fur, were sick or injured, and lived in cages covered in feces. Dog food was moldy and water bowls were dirty. Many cages were stacked on top of other cages, allowing urine and feces to fall on the dogs below. A court order was granted to remove the dogs. The humane society, rescue groups, and numerous volunteers assisted by providing food, shelter, grooming and necessary veterinary care while Chamberlain's criminal trial was pending. Chamberlain was convicted of animal cruelty. The organizations and volunteers sued Chamberlain for compensation for the care provided to the animals. The trial court granted the award and the appellate court affirmed. Ohio code authorized appellees' standing to sue for the expenses necessary to prevent neglect to the animals. The evidence was sufficient to support an award for damages for the humane society, the rescue groups, and the individual volunteers that protected and provided for the well-being of the dogs during the months of the trial.
Fitch v. Eiseman 2000 WL 34545801 (Alaska 2000) (unpublished opinion) The trial court approved a divorcing couple’s agreement for dogs to be with their children (and so travel to the husband's and wife’s houses as part of a shared custody agreement of their children).  The wife did not abide by the agreement, so the Supreme Court remanded back to the trial court to determine sole ownership of the dog.
State v. Scott 2001 Tenn. Crim. App. LEXIS 561 The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration.
U.S. v. Wilgus 2001 U.S. App. LEXIS 17700; 32 ELR 20031; 2001 Colo. J. C.A.R. 3976 (10th Cir. 2001)

This opinion was vacated by the Hardman order.  Defendant was not a member of a federally-recognized tribe nor a person of Native American ancestry, but sincerely practiced Native American religions.  In response to Wilgus's free exercise challenge, the court held that the Act is a neutral, generally applicable law, falling within the safe-harbor created by Employment Division v. Smith .  For further discussion on the status of formerly recognized tribes under the BGEPA, please see Detailed Discussion.

Friedli v. Kerr 2001 WL 177184 (Tenn. 2001)

This case involves two passengers who were injured when the horse-drawn carriage that they were riding in turned over after the horse was startled and the driver lost control of the horse.   The trial court held, and the court of appeals affirmed, that the defendant’s carriage business was not immune from liability to its passengers under Tennessee’s equine liability statute.   There were three reasons for this decision:   1) the defendant is not an “equine activity sponsor,” 2) his business is not an “equine activity,” and 3) the plaintiffs were not “participants” engaging in an “equine activity” when they were injured.

State v. Woods 2001 WL 224519 (Ohio App. 10 Dist.) Defendant was indicted on three counts of aggravated murder, one count of attempted aggravated murder, one count of aggravated burglary, one count of aggravated robbery, and one count of kidnapping in an incident following a dogfight. Following a jury trial, d efendant was found guilty of aggravated burglary, aggravated robbery and kidnapping. The court reversed and remanded the case to the trial court.
Allison v. Johnson 2001 WL 589384 (Ohio 2001)

Appellant was injured by appellee’s horse when appellant was standing outside a horse arena waiting for the appellee.   The horse began to shuffle backwards and backed into a gate, which popped out of a bracket and struck the appellant in the face.   The trial court found and the court of appeals upheld the finding that the appellant was an “equine activity participant” because she was a spectator to the “normal daily care of an equine.” In addition, the appellee was determined to be an “equine activity sponsor” due to the fact that he was an “operator” of a stable where the equine activity occurred.   Thus, the equine immunity statute of Ohio is applicable to the appellee.

Montier v. Hall 2002 CarswellAlta 156

This is a Provincial Court Civil Claims appeal from an award to plaintiffs/respondents for $865.00 in veterinary expenses as against defendant/appellant. This matter arose out of the sale of a black female Belgian Sheepdog that was eventually euthanized by the respondents at four months of age, two months after it was purchased due to serious hereditary defects. The purchase agreement signed by respondents warranted the puppy against serious hereditary defects or illness until 25 months of age, but limited the damages to replacement of the puppy with another puppy. In affirming the award of damages, this court found that the contract does not specifically exclude compensation for veterinary expenses or for consequential damages; hence, it does not exclude liability by the supplier for the purchaser's veterinary expenses incurred as a result the defective dog.

Harvard College v. Canada (Commissioner of Patents) 2002 SCC 76

The respondent applied for a patent on an invention entitled “transgenic animals”.  In its patent application, the respondent seeks to protect both the process by which the "oncomice" are produced and the end product of the process, i.e. the founder mice and the offspring whose cells contain the oncogene.  The process and product claims extend to all non‑human mammals.  The process claims were allowed by the Patent Examiner, while the product claims were rejected.  The appellant Commissioner confirmed the refusal of the product claims.  The Federal Court, Trial Division, dismissed the respondent’s appeal from the appellant’s decision.  At the Supreme Court of Canada, the Court held the appeal should be allowed. A higher life form is not patentable because it is not a “manufacture” or “composition of matter” within the meaning of “invention” in s. 2 of the Patent Act .

Texas Attorney General Opinion No. JC-0552 2002 Tex. Atty. Gen. Op. JC-0552

Texas Attorney General Opinion clarifying a new provision in Chapter 822 of the Texas Health & Safety Code that requires all dangerous wild animals to be registered in the county in which they're located.  Otherwise, possession of these animals is unlawful.

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. 

Ivey v. Hamlin (Unpublished) 2002 WL 1254444 (Tenn.Ct.App.)(Not reproted in S.W.3rd)

This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood.  In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals.  The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense.

Black Hawk County v. Jacobsen (Unpublished) 2002 WL 1429365 (Iowa App. 2002) (Not Reported in N.W. 2d)

In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup.  On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels.  The court disagreed, finding the Act expressly contemplates state and local regulation of animals.  Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area.

U.S. v. Hardman (On Rehearing En Banc) 2002 WL 1790584 (only Westlaw citation currently available)

The Hardman and Wilgus cases are remanded for factfinding where the record was limited as to whether the government employed the least restrictive means to support its compelling interests of protecting eagles and Native American culture.  On the Saenz motion for return of eagle feathers to a non-federally recognized Indian religious practitioner, the court holds that the government failed to support its assertions that opening the permit system to all adherents of Indian religions would compromise the eagle population or destroy federal trust obligations to Native American tribes/culture.  For discussion of the BGEPA and religious challenges, see Detailed Discussion .

Allanson v. Toncich 2002 WL 1897936 (Austrailia)

Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward.

RSPCA v. Stojcevski 2002 WL 228890, 134 A Crim R 441

Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps.

Williams v. McMahan 2002 WL 242538 (Wa. 2002)

The plaintiff sued for damages as a result of the wrongful spaying of her purebred dog, which she intended to breed. The court found that damages should be measured by the fair market value of the dog.

People v. McCree 2002 WL 276134 (Cal. 2002)

Defendant was convicted, after a jury trial, of eight counts of possession and training of a fighting dog and two counts of causing a dogfight for gain. Defendant appealed. The Court of Appeal, held that: (1) prosecutor's cross-examination of defense witness was proper; (2) prosecutor's closing arguments were proper; and (3) evidence supported the convictions.
Affirmed.

Animal Rights Front, Inc. v. Planning & Zoning Com'n of Town of Glastonbury 2002 WL 31761999 (Conn.Super.)

The plaintiff, Animal Rights Front, Inc., an environmental intervenor, appeals from a final decision of the defendant that gave subdivision and special permit approval to an application by defendant Rejean Jacques d/b/a Rejean Realty, Inc.  The basic issue of the plaintiff's appeal relates to preservation of the Eastern Timber Rattlesnake, an endangered species common to the Diamond Lake section of Glastonbury, and its migration across the development project, which would inherently lead to mortality.  On appeal, defendants questioned plaintiff's standing because they contended that rattlesnakes do not fall under the category of "natural resources."  Relying on a companion case, the court noted that endangered species are inherently deemed natural resources.  However in dismissing plaintiff's appeal, the court found that the defendant made changes that provided for the protection of the rattlesnake and the commission reasonably relied upon these assertions by the defendant to support its conclusions so it was not required to consider alternatives to the proposed development.

Rhoades v. City of Battle Ground 2002 WL 31789336 (Wash.App. Div. 2)

In this case, exotic animal owners appeal a summary judgment order dismissing their various constitutional challenges to a City of Battle Ground ordinance that prohibits ownership of such animals within city limits.  Specifically, the owners contended that the ordinance violated their right to equal protection under the constitution because it treats those who keep exotic pets within the City differently from those who keep dangerous dogs.  The court held that it was within the city's police power authority to enact these laws if they were supported by a rational relationship.  In fact, the court found that the local legislative body may draw a different conclusion from the Washington Supreme Court in areas of public safety and the exercise of the local government's police powers provided it does not conflict with the general laws of the state.  ( Note :  publication of case ordered Feb. 7, 2003 in 115 Wash.App. 752, 63 P.3d 142 ).

Daniele v Weissenberger 2002 WL 31813949,136 A Crim R 390

Court uphold conviction for failure to provide food and water for horses. Even thought not the owner, he was the responsible party. Sentence of $3,000 fine and suspended 3 month was not excessive.

State v. Shook (Unpublished) 2002 WL 31894726

Defendant Shook (a non-tribal member) shot and killed a whitetail buck on private property within the exterior boundaries of the Flathead Indian Reservation. Under Wildlife and Parks Commission hunting regulations, big game hunting privileges on Indian Reservations are limited to tribal members only, thereby closing the hunting season to non-tribal members.  On appeal, Shook contended that the regulation was a violation of equal protection because it discriminated based on race.  The court disagreed, finding the classification was political rather than racial because it was established through treaty with the federal government and recognized the unique federal obligation toward Indians.  Thus, the court found the regulation was an "entirely rational" means to preserve wildlife populations for hunting by Indians. 

Veterinary Surgeons Investigating Committee v. Lloyd 2002 WL 31928523, 134 A Crim R 441

Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice.

Wright v. Fish and Game Commission (unpublished) 2003 Cal. App. Unpub. LEXIS 8091

The California Court of Appeal upheld the state's Fish and Game Commission’s ferret ban against an equal protection challenge from a ferret owner. The owner argued that the ban discriminated between ferret owners and owners of other companion animals. However, the court found a rational relation between the ban and concerns about wildlife and human health (from attacks and from rabies).

Wiederhold v. Derench 2003 Conn. Super. LEXIS 1795 A dog owner had purchased a Newfoundland dog from a breeder and signed a contract that stated she would return the dog to the breeder if she could no longer care for it. After the dog attacked another dog, the owner had the obligation to return the dog to the breeder. A third party, the owner’s friend attempted to help the owner and contacted the breeder to notify her about the owner's intention to return the dog. The breeder was busy on that particular day. She was with another dog delivering another litter of puppies and could not come to pick up the owner's dog. The owner then sold the dog to the defendant, a dog breeder and co-chair of the Newfoundland Club of New England Rescue. The rescue worker had prepared a bill of sale, which the owner signed, and the rescue worker then handed the owner $100 to help with expenses. The trial court held that the transfer to the rescue worker was not a bona fide sale. The rescue worker took possession of the dog in her capacity as a member of the rescue organization and not as a bona fide buyer. The court also found that the original breeder had not given up her contract rights to the dog. The breeder was handling an emergency delivery of puppies with a different dog, which made it reasonable that she could not pick up the owner's dog that day. The defendant rescue worker knew the breeder had not relinquished her contractual ownership right to the dog and so the court held that the plaintiff was the sole owner and entitled to sole possession.
State v. Cloutier 2003 ME 7 (Sup.Ct. Maine Jan. 21, 2003)

Defendant appealed from his conviction for "driving deer" under Maine statute § 7458(10) (among other convictions), contending that the statute was unconstitutionally vague.  The Court rejected defendant's argument, finding the version at issue here plainly tells people that if they participate in a group hunt and they organize or plan the hunt so that several people move in a coordinated fashion toward other members of the hunting party who by predesign are standing or moving toward the first group, in a planned effort to flush out the deer, they are hunting illegally.  With regard to the entrapment defense for the illegal transporting of deer, the Court found that although another hunter may have created the opportunity for Cloutier to commit the illegal transportation violation, "more is required for the entrapment defense than providing the opportunity to commit the crime." 

Mack v. State of Texas (unpublished) 2003 WL 23015101 (Not Reported in S.W.3d)

The Texas Appeals Court affirmed the trial court's decision that failure to adequately provide for cattle such that they suffered from malnourishment constituted animal cruelty offense under Texas law. The court found that the evidence was legally sufficient to establish that malnourished cow was one of the many domesticated living creatures on defendant's ranch, and was therefore an “animal” under the state law.

State v. Shook 2003 WL 347575

This is the Montana Supreme Court's denial of appellant Shook's petition for rehearing in State v. Shook, 313 Mont. 347 (2002).

Holcomb v. Colonial Associates, L.L.C. 2004 WL 1416659, 2004 WL 1416659 (N.C.) (Only Westlaw cite available)

This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs.  Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property.  It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice.  The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks.  The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions.  As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee.  Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs. 

Earth Island Institute v. Evans 2004 WL 1774221 (N.D. Cal. 2004) (No reporter citation)

The Secretary of Commerce made a final finding that the intentional deployment on or encirclement of dolphins using purse seine nets did not have a significant adverse effect on any depleted dolphin stock in the Eastern Tropical Pacific Ocean.  Several organizations challenged that finding under the Administrative Procedures Act, and the matter came before this Court along with simultaneous motions for summary judgment from both the plaintiff and defendant.  The Court concluded that Plaintiff's met their burden of demonstrating that they are entitled to judgment, and the finding of the Secretary is set aside.

Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n 2004 WL 1888284 (Cal.App. 3 Dist.)

In this California case, the Elebiaris sought permission from their condominium association to keep a small dog as a companion (both suffered from severe depression and found that taking care of a dog alleviated their symptoms and enabled them to function more productively).  T he association refused their request, leading the Elebiaris to file a claim with the Fair Employment and Housing Commission (the FEHC), which found in favor of the Elebiaris.  After the Superior Court granted the condominium's petition, the FEHC and residents appealed.   The appellate court held that the trial court erred in overturning the FEHC decision where the FEHC's finding that a companion dog constituted a reasonable accommodation for plaintiff's disability was supported by substantial evidence.

People v. Schneider 2004 WL 2191322 (Ca. App. 3 Dist.)

Defendant's dogs escaped from Defendant's yard and attacked and killed a six-year-old boy.  The trial court convicted Defendant of owning a mischievous animal that causes death and involuntary manslaughter.  The Court of Appeals reversed and remanded the trial court's conviction for owning a mischievous animal that causes death due to erroneous jury instructions. 

United States v. March 2004 WL 2283777 (9th Cir. Idaho)

Defendant violated the Lacey Act by presenting false information to gain a hunting permit.  He was convicted in United States District Court for the District of Idaho.  The Ninth Circuit Court of Appeals affirmed the District Court decision holding the District Court and Tribal Courts have concurrent jurisdiction over Indians for violations of the Lacey Act.

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.

People v. Lee (Unpublished) 2004 WL 2914207 (Mich. App.) (Unpublished)

Known and suspected dogfighters, Roderick Lee, Shedrick Lee, and Demar Garvin were jointly tried before a single jury for drug-related offenses. The jury convicted each defendant of conspiracy to deliver or possess with intent to deliver 650 or more grams of a controlled substance. The trial court sentenced each defendant to a prison term of 30 to 60 years. Defendants appealed on equal protection grounds, on grounds of ineffective assistance of counsel, on grounds of insufficient evidence and of improper admission of prejudicial and/or irrelevant evidence, on grounds of improper jury instruction, and further argued that they were entitled to resentencing. The appellate court confirmed the convictions and sentences.

Auster v. Norwalk United Methodist Church (Unpublished) 2004 WL 423189 (Conn.Super.,2004) (only Westlaw citation available)

In this unpublished Connecticut opinion, the defendant-church owned property and leased a portion of the premises to one of its employees, Pedro Salinas.  The plaintiff was attacked by a dog, owned by Salinas, while lawfully on the defendant's premises.  The plaintiff appealed a summary judgment ruling in favor of defendant.  On appeal, the court found that a genuine issue of material fact existed as to whether defendant-church was a "harborer" of the dog under Connecticut law.  Because Salinas and the church had no formal lease agreement, dispute existed as to the exact parameters of Salinas' exclusive control of the premises where his dog roamed.  There also existed a material fact regarding the church's knowledge of the dog's vicious propensities because it had twice previously attacked a person. (Note the jury trial decision in favor of plaintiff was later overturned in Auster v. Norwalk United Methodist Church , --- A.2d ----, 94 Conn.App. 617, 2006 WL 797892 (Conn.App.)).

Prasad v. Wepruk 2004CarswellBC946

Plaintiff Prasad, an elderly newpaper-deliverer, was attacked in the street by defendant owner Wepruk's usually chained guard-dog, which escaped due to a rusted chain. The court found the defendant strictly liable under the doctrine of scienter's subjective test: he knew the dog was aggressive, but kept it anyway and it harmed Prasad. He was also liable under the objective test for negligence, for not taking reasonable precautions to ensure the dog's chain was in good repair, in order to prevent foreseeable harm to others.  damages of $35,000 were awarded for Prasad's injuries and lost future earnings.

Coy v. Ohio Veterinary Med. Licensing Bd. 2005 Ohio App. LEXIS 756

A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.

Moore v. Garner 2005 WL 1022088 (E.D.Tex.)

Complaints were made against a plaintiff-couple about the poor conditions for over 100 dogs and other animals that were living in on the couple’s farm. The couple who owned the farm failed to do anything about it and the animals were seized.  Plaintiffs brought claims against sixty defendants (mainly Van Zandt County, Texas officials) for conspiracy and violations of the Hobbs Act, Animal Welfare Act, Animal Enterprise Protection Act, RICO, the Texas Constitution and other federal statutes.  The trial court granted defendants' motion to dismiss and the District Court affirmed. 

People v. Alvarado 2005 WL 120218 (Cal. 2005)

A man stabbed and killed his two dogs while drunk.  His girlfriend called the police after being informed of the situation by her brother.  The trial court convicted the man of violating an anti-cruelty statute (Sec. 597 of the Penal Code).  The Court of Appeals affirmed defendant's conviction, finding that Sec. 597 is a general intent crime and did not require a showing of specific intent to kill or harm the dog.

Woods v. KittyKind, Inc. 2005 WL 1404712 (N.Y.Sup.,2005 (not reported))

The court granted the plaintiff's motion for an animal shelter to disclose the identity of her lost cat's adopter because the plaintiff alleged that the shelter did not comply with the law and its transfer of ownership was therefore invalid.

State v. Hatlewick 2005 WL 1634309 (N.D., 2005)

A man was charged with failing to maintain a proper fence to contain his cattle.  Despite the man's efforts to fix the fence when notified his cattle had gone through it, the trial court found the man guilty on three counts of willfully permitting livestock to run at large.  The Court of Appeals affirmed the trial court's conviction.

Ohio v. Hale 2005 WL 3642690 (Ohio App. 7 Dist.)

Defendant-Appellant, Norman Hale, appeals the decision of the Monroe County Court that found him guilty of multiple counts of cruelty to animals in violation of R.C. 959.13(A)(4). Hale argues that this statute is unconstitutionally vague, that his conviction is against the manifest weight of the evidence, and that the trial court imposed improper sanctions upon him. The court disregard Hale's constitutional argument since he failed to provide legal argument in support of this claim. Hale's argument that his conviction is against the manifest weight of the evidence also is meritless since the evidence in the record supports the trial court's decision that he recklessly failed to provide these dogs with wholesome exercise. Finally, the trial court did not abuse its discretion when imposing the sanctions since the conditions of his probation were related to the underlying offense and served the ends of rehabilitation. For these reasons, the trial court's decision was affirmed.

United States of America v. Kraft 2005 WL 578313 (U.S., Dist. of Minn. 2005)

A man was charged and convicted for violating the Lacey Act after illegally selling a tiger and grizzly bear.  The trial court admitted the man's conversation into evidence in which he implicated himself in the illegal sale of a grizzly bear.  The Court of Appeals affirmed the trial court holding the man's conversation was not protected by the Sixth Amendment because it was made before there were specific charges against him for the illegal sale of the grizzly bear.

Slavin v. United States 2005 WL 742707 (8th Cir. 2005)

An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting.  The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague.

Pulaski v. Chrisman 2005 WL 81919 (Cal. 2005)

Residents of a mobile home park attempted to get injunction preventing the conversion of their mobile home park into a community campground.  Plaintiffs claimed violation of the Endangered Species Act due to the possible removal of endangered species during the renovation.  The court held it did not have jurisdiction to entertain part of plaintiffs Endangered Species claim because of a procedural violation and that plaintiffs failed to show violation of the Endangered Species Act was likely on the remainder of their claims. 

State ex rel. Zobel v. Burrell 2005 WL 957908 (Mo. App. S.D. 2005)

A trial court granted a local humane society permission to humanely dispose of horses placed in their custody by the Sheriff.  A man filed petition for a writ of mandamus against the the trial judge and humane society to challenge the judge's order.  The Court of Appeals reversed the trial court holding the trial court lacked jurisdiction over the Humane Society of Missouri. Opinion transferred to State ex rel. Zobel v. Burrell , 167 S.W.3d 688 (Mo., 2005).

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