Results
Title | Citation | Alternate Citation | Summary | Type |
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American Dog Owners Ass'n v. City of Yakima | 777 P.2d 1046 (Wash.1989) | 113 Wash.2d 213 (Wash.1989) |
In this Washington case, plaintiff brought suit against the City of Yakima challenging an ordinance that banned “pit bulls” dogs. The Superior Court, Yakima County, granted city's motion for summary judgment, and plaintiffs appealed. Plaintiffs first argued that the ordinance is vague because a person of ordinary intelligence cannot tell what is prohibited. The Supreme Court disagreed, finding that the City used adequate standards for identification in the professional standards and illustrations to show that a particular dog meets the professional standard. Thus, the Court found that the ordinance gave sufficient notice of what was conduct prohibited. Summary judgment for the City was affirmed.
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Case |
American Dog Owners Ass'n, Inc. v. City of Lynn | 404 Mass. 73, 533 N.E.2d 642 (Mass.,1989) |
This is an appeal by American Dog Owners Association from a judgment upholding two of three city of Lynn ordinances which restrict ownership of certain dogs within the city limits. The lower court found that one of three animal control ordinances regulating “pit bulls” was unconstitutional. First, the Supreme Judicial Court held that the first two ordinances were repealed by passage of third which was intended to treat subject of pit bulls comprehensively. However, the court found that the third ordinance which attempted to define pit bull by breed was unconstitutionally vague. The court stated that, "if identification by breed name does not provide sufficient ascertainable standards for enforcement, then the “definition” of “Pit Bull” in the fourth ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear 'common understanding and usage' of the term 'Pit Bull,' is not sufficiently definite to meet due process requirements." |
Case | |
American Dog Owners Ass'n, Inc. v. Dade County, Fla. | 728 F.Supp. 1533 (S.D.Fla.,1989) |
Associations of dog owners sued Dade, County, Florida seeking declaratory judgment that an ordinance that regulated “pit bull” dogs was unconstitutionally vague. Plaintiffs contend that there is no such breed as a pit bull, but rather a three breeds that this ordinance has mistakenly lumped together. The District Court held that ordinance sufficiently defined “pit bull” dogs by specifically referencing three breeds recognized by kennel clubs, including a description of the characteristics of such dogs, and provided a mechanism for verification of whether a particular dog was included. The uncontradicted testimony of the various veterinarians reflected that most dog owners know the breed of their dog and that most dog owners look for and select a dog of a particular breed. |
Case | |
Ananda v. The Village of Glenview | After a dog bite incident, the village of Glenview declared plaintiff's dog "vicious." Plaintiff's dog escaped from his mandated enclosure and was impounded by animal control. Plaintiff moved the Circuit Court of Cook County to enter an order transferring ownership of the dog and limiting impoundment fees. The order also asks the court to void the vicious dog determination and to declare section 365 of the Animal Control Act unconstitutional. This document also includes defendant's answer. | Pleading | ||
Anderson v. Christopherson | 816 N.W.2d 626 (Minn. 2012) | 2012 WL 2913222 (Minn.) |
This appeal asks two questions: whether defendant-dog owners (Christophersons) were strictly liable under Minn.Stat. § 347.22 for plaintiff Anderson's injuries suffered when he attempted to break up a fight between defendants' and plaintiff's dogs; and (2) whether one of the defendants was an "owner" for purposes of this law. In the case at hand, the court found that the events leading to Anderson's injury could produce three reasonable alternative inferences such that summary judgment was inappropriate. The court found there was an issue whether the father Dennis Christopherson was "harboring" the dog at the home for purposes of the animal owner liability statute. |
Case |
Anderson v. City of Camden | 2011 WL 4703104 (2011) |
Defendant Animal Control officers took Plaintiffs' two dogs pursuant to a pick-up order issued by a Magistrate of Kershaw County. The two dogs had a history of attacking other dogs and of running loose. Plaintiffs filed Fourth Amendment and South Carolina Tort Claims Act claims against Defendants. Court granted Defendants' motions for summary judgment because they did not violate a clearly established constitutional law, and were, therefore, entitled to qualified immunity from Plaintiffs' Fourth Amendment claim. |
Case | |
Anderson v. State (Unpublished) | 877 N.E.2d 1250 (Ind. App. 2007) |
After shooting a pet dog to prevent harm to Defendant's own dog, Defendant challenges his animal cruelty conviction. Defendant argues that since he was attempting to kill the dog, he did not intend to torture or mutilate the dog within the meaning of the statute. The court affirms his conviction, reasoning that the evidentiary record below supported his conviction. |
Case | |
Andrus v. L.A.D. | 875 So.2d 124 (La.App. 5 Cir., 2004) | 2004 WL 1171150 (La.App. 5 Cir.,) |
Patron sued dog owner for damages after an alleged attack. The Court of Appeals, in reversing a finding for the patron, held that the patron did not establish that the dog posed an unreasonable risk of harm, which precluded a strict liability finding, and, that patron did not prove that the dog owner was negligent. Reversed. |
Case |
AR - Dog - Consolidated Dog Laws | A.C.A. § 20-19-101 to 408; § 2-40-110; § 15-41-113; § 15-42-303; § 5-54-126 | AR ST §§ 20-19-101 to 408; § 2-40-110; § 15-41-113; § 15-42-303; § 5-54-126 | These Arkansas statutes comprise the state's dog laws. Among the provisions including licensing laws, rabies control, and mandatory sterilization laws. Also contained is the state's Wolf-Hybrid statutory section. | Statute |
AR - Exotic Pets - Subchapter 4. Ownership and Breeding of Wolves and Wolf-Dog Hybrids | A.C.A. § 20-19-401 - 408 | AR ST § 20-19-401 to 408 | This chapter of Arkansas laws concerns the regulation of wolves and wolf-dog hybrids kept as companion animals. Under the law, a "wolf-dog hybrid” means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog; however, no animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance. The specific rabies vaccination requirements for wolf-dog hybrids are detailed as well as confinement requirements (i.e, specific fence dimensions). If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor. | Statute |