Cases

The child plaintiff was attacked and bitten by a chained German Shepherd after she put her arm around the dog's neck to hug or play with it; she sustained scarring lacerations of her head, cheek and eyelid that required 5 days' hospitalization after plastic surgery. The trial judge earlier held that because the dog, had two months previously, bitten a young boy on the face and ear in an unprovoked attack, the owner had prior knowledge of the dog's propensity to bite children, yet he kept the dog regardless. The owner was thus strictly liable under the doctrine of scienter. The Court of Appeal reversed this holding, with two judges finding that the boy in the earlier attack had been injured accidentally by the dog's dew-claw, rather than being bitten, so that there was insufficient notice to the dog's owner of any vicious propensity; thus he was not strictly liable in scienter.

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 ).

The Defendant had been convicted in the county of Berks upon an indictment for maliciously, wilfully, and wickedly killing a Horse; and upon a motion in arrest of Judgment, it came on to be argued, whether the offence, so laid, was indictable? The court affirmed the trial court's conviction of defendant for killing a horse.

A tiger habitat developer sued the Idaho State Department of Agriculture (Department) under the Idaho Tort Claims Act (ITCA) for breach of ordinary care in refusing to grant exotic animal possession and propagation permits and for intentional interference with developer's prospective economic advantage. The Court held that the time period under which the developer had to file notice of its claim began to run when the Department sent its letter stating that a possession permit would be conditioned upon the tigers’ sterilization. This letter put developer on notice that he would not receive a possession permit without sterilizing the tigers, and therefore, had knowledge that he would not be granted a propagation permit.

Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks.

The doctor was a veterinarian and a member of the board of directors for the humane society. The director of the humane society asked her for advice on how to clean cat cages, and the doctor gave advice and donated a bottle of formalin, whereupon the employee who used the formalin suffered permanent lung damage. The employee commenced an action against the doctor and humane society for damages.  The court held that although the doctor would not have advised using formalin if she was not a member of the board, this fact did not establish that giving the advice was within the scope of her responsibilities as a board member.

A veterinarian performed a pre-purchase examination on a horse and indicated to the prospective buyers that the horse was in good health. The vet facility failed to disclose that a different vet at the same facility had injected the horse to mask lameness. The purchasers had a cause of action for negligence where the statements made by the facility constituted misrepresentations or concealment. The measure of damages was the difference between the horse’s fair market value before and after the loss.

On Plaintiff’s civil rights § 1983 action against Defendant, the Commissioner of the Georgia Department of Agriculture, based on the impoundment of forty-six horses and three donkeys from Plaintiff’s property following an investigation into potential violations of the Georgia Humane Care for Equines Act (the “Act”), Plaintiff appealed the District Court’s decision to grant Defendant’s motion for summary judgment, arguing that Defendant is not entitled to qualified immunity because Defendant failed to provide Plaintiff with an opportunity to be heard prior to the seizure of her equines, adequate notice of Plaintiff’s right to and procedure for requesting a hearing, and adequate post-deprivation process. The United States Court of Appeals, Eleventh Circuit affirmed the lower court’s decision, finding that the risk of erroneous deprivation in this case was minimal in light of the State’s compliance with the standards and procedures for inspection and impoundment prescribed by the Act, that the statutory notice of the right to contest the impoundment was reasonably calculated to provide Plaintiff with notice of her right to a hearing, and that the Act provided adequate power to review and to remedy violations of due process.

The Minister for the Environment declared the New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 to be an approved wildlife trade management plan within the meaning of the Environment Protection and Biodiversity Act 1999 (Cth). The Tribunal considered aspects of the plan including: ecological sustainability; conservation of biodiversity; humane treatment; response to environmental impact; precautionary principles; ethical research; and state legislation. The plan was ultimately approved by the Tribunal with a caveat that it include a trigger to suspend the 'harvest' if population levels dropped by 30% or over.

Zoos in New South Wales and Victoria sought to import five Asian elephants. After an initial hearing, further evidence was sought in relation to the condition and nature of the facilities at the zoos. The Tribunal decided that the importation of the elephants should be in accordance with a permit issued under s 303CG of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Trial court allowed visitation in property dispute over cat between roommates.  Later, that court determined it was not in the aged cat's best interests to be shuffled back and forth so revoked its decision, awarding it to the non-possessory roommate in a straight property analysis.  The appellate court determined that it would be best for the cat to remain with the possessory party because of his age and the amount of time he had already been living there.

Section 2 of the Pet Animals Act 1951 states that a person shall be guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". Small transparent cubes containing water and live fish were sold as novelty items, known as 'aquababies', from a barrow in a thoroughfare of a large indoor shopping mall. The Court found that this activity involved the carrying on of a business of selling pets in a "public place" and was therefore prohibited by section 2.

Plaintiff brought claims against her tenant neighbor and the property owner after she was viciously attacked by her tenant neighbor's four pit bulls.  The trial court granted summary judgment in favor of the property owner.  The Court of Appeals affirmed the decision holding the property owner was an out-of -possession landlord.

The court was presented with the question of whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States.  The court concluded that it did and therefore reversed the district court.