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Displaying 5981 - 5990 of 6639
Title Citation Alternate Citation Summary Type
MD - Dogs - Consolidated Dog Laws MD Code, Local Government, § 13-101 - 134; MD Code, Transportation, § 21-1004.1; MD Code, Natural Resources, § 10-413, 416, 701, 703, and 807; MD Code, Public Safety, § 2-313; MD Code, Health General, § 18-312 - 321; MD Code, General Provisions, § 7-304 MD Code, Courts and Judicial Proceedings, § 3-1901; MD Code, Insurance, § 19-206.1; MD Code, Health - General, § 21-304, 304.2 These statutes comprise Maryland's dog laws. Maryland is unique in that the state law governs the specific licensing and other regulations certain counties may adopt or enforce. Also included are the state rabies provisions and even the law that designates the state dog (the Chesapeake Bay retriever). Statute
State v. Goodall 175 P. 857 (Or. 1918) 90 Or. 485 (Or. 1918)

This case involved an appeal from this conviction. The trial court found that the defendant rode the animal while it had a deep ulcerated cut on its back, and supplied it with insufficient food. The Oregon Supreme Court affirmed the conviction.

Case
People v. Proehl (unpublished) Not Reported in N.W.2d, 2011 WL 2021940 (Mich.App.)

Defendant was convicted of failing to provide adequate care to 16 horses. On appeal, Defendant first argued that, to him, nothing appeared to be wrong with his horses and, consequently, no liability can attach. The court disagreed, explaining: "Defendant's personal belief that his horses were in good health . . . was therefore based on fallacy, and has no effect on his liability under the statute." Defendant also maintained that he is an animal hoarder, which is a "psychological condition" that mitigates his intent. Rejecting this argument, the court noted that Defendant’s "hoarding" contention is based upon a non-adopted bill which, in any event, fails to indicate whether animal hoarding may serve as a proper defense.

Case
Carpenters Indus. Council v. Salazar 734 F.Supp.2d 126 (D.D.C., 2010) 2010 WL 3447243 (D.D.C.)

Plaintiffs, Carpenters Industrial Council, among several, averred that the FWS, in designating the owl as a "threatened species," violated the National Environmental Policy Act, the ESA, and the Administrative Procedure Act. Defendant, the FWS, confess legal error as to the northern spotted owl’s 2008 Critical Habitat Designation and 2008 Recovery Plan and ask that the court: (1) remand and vacate the 2008 Designation; (2) remand the 2008 Plan; and (3) order the FWS to revise its recovery plan and, if necessary, thereafter complete a new critical habitat designation. First, as to Defendant’s request to remand the designation, the court held that it, in fact, has such authority to do so, and such action is moreover appropriate, since the Washington Oversight Committee erred in proffering "jeopardizing" advice to the FWS. However, as to the whether the 2008 Designation may be vacated, the court concluded that it lacked the authority to do so "at this stage of the litigation." As to whether the 2008 Recovery Plan may be vacated, the court held that, given the interconnectedness of the 2008 Designation and the 2008 Plan, remand is appropriate.

Case
MS - Veterinary - Chapter 39. Veterinarians. Miss. Code Ann. § 73-39-51 to 73-39- 95 MS ST § 73-39-51 to 73-39- 95 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
IL - Ordinances - 5/24. Powers of municipalities and other political subdivisions to regulate dogs and other animals 510 I.L.C.S. 5/24 IL ST CH 510 § 5/24 This Illinois statute provides that nothing in the Animal Control Act shall be held to limit the power of any municipality to prohibit animals from running at large, nor shall anything in this Act be construed to limit the power of any municipality to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed. Statute
People v. Lewis 23 Misc.3d 49, 881 N.Y.S.2d 586 (N.Y.Sup.App.Term,2009) 2009 WL 530996 (N.Y.Sup.App.Term), 2009 N.Y. Slip Op. 29091 Defendants were charged in separate informations with multiple counts of injuring animals and failure to provide adequate sustenance.   Plaintiff, the People of the State of New York, appealed the lower court’s decision to grant Defendants’ motion to suppress evidence obtained when a special agent of the American Society for the Prevention of Cruelty to Animals approached one of the defendants at his home upon an anonymous tip and inquired about the condition of the animals and asked the defendant to bring the animals outside for inspection, while the incident was videotaped by a film crew for a cable television show.   The Supreme Court, Appellate Term, 2nd and 11th, 13 Judicial Districts reversed the lower court’s decision, finding that Plaintiff met its burden of establishing that the defendant voluntarily consented to the search based on the fact that the defendant was not in custody or under arrest at the time of the search, was not threatened by the special agent, and there was no misrepresentation, deception or trickery on the special agent’s part. Case
Kennedy House, Inc. v. Philadelphia Commission on Human Relations 143 A.3d 476 (Pa. Commw. Ct. July 11, 2016) 2016 WL 3667992 (Pa. Commw. Ct. July 11, 2016)

In this case, Kennedy House appealed the lower court’s decision in finding that it had violated Section 9–1108 of the Philadelphia Fair Practice Ordinance when it denied Jan Rubin’s request for a housing accommodation in the form of a waiver of its no-dog policy. Rubin applied for a housing accommodation at Kennedy House because she suffered from multiple physical aliments. In a meeting with Kennedy House, Rubin did state that her dog was not a trained service animal that helped with her physical and mobility issues but rather helped with reminding her to take medication and getting out of bed. The lower court determined that Rubin had satisfied her burden of proving that her dog was necessary in helping with her medical issues. After reviewing the lower court’s decision, the Commonwealth Court held that the lower court had erred in its decisions. Ultimately, the court found that because Ms. Rubin's physician described a disability related to her mobility, and there was no evidence establishing a nexus between her mobility-related needs and the requested assistance animal, Ms. Rubin did not meet her burden necessary for Kennedy House to waive its no-dog policy. As a result, the court reversed the lower court’s decision.

Case
Wall v. City of Brookfield 406 F.3d 458 (7th Cir. 2005) 2005 WL 1022967 (7th Cir.)

A dog that was constantly in violation of local leash ordinances was held as a stray by the town.  The owner of the dog brought a section 1983 action claiming deprivation of the dog's companionship without due process and the trial court held in favor of the town.  The Court of Appeals affirmed reasoning that only a post-deprivation hearing was necessary under the statute (which defendant could have received had she filed a petition with the court).

Case
ME - Horsemeat - § 2163. Sale of horsemeat 22 M.R.S.A. § 2163 ME ST T. 22 § 2163 This Maine statute provides that a person, firm, corporation or officer, agent or employee thereof within the State may not transport, receive for transportation, sell or offer for sale or distribution any equine meat or food products thereof or serve, expose or offer for sale or distribution, either in any public place or elsewhere, any equine meat or products containing equine meat. Statute

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