Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Ferguson v. Birchmount Boarding Kennels Ltd. | 2006 CarswellOnt 399 | 207 O.A.C. 98, 79 O.R. (3d) 681 |
In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape. |
Case | |
| State v. Hartrampf | 847 P.2d 856 (Oregon 1993) | 118 Or.App. 237 (1993) |
Defendant appealed a conviction for attempted involvement in animal fighting, arguing that the statutes at issue were unconstitutionally vague. Since the defendant admitted he knowingly was among spectators at farm hosting a cockfighting event, the Court of Appeals held that a person of common intelligence could discern that defendant's conduct constituted a substantial step toward involvement in animal fighting. |
Case | |
| WA - Importation - Chapter 16-54. Animal Importation | Wash. Admin. Code 16-54-010 - 180 | WAC 16-54-010 to 180 | This set of regulations is the Washington Department of Agriculture's import requirements for various types of domestic, companion, wild, and exotic animals. | Administrative | |
| Eureka Township v. Petter | Not Reported in N.W.2d, 2017 WL 3863144 (Minn.Ct.App. 2017) | 2017 WL 3863144 | In this case, the Township brought action against property owners to enjoin the owners from possessing exotic animals on the property, operating an animal exhibition on the property, and operating a business pelting exotic animals on the property. The District Court invalidated the township's exotic animal ordinance as conflicting with state statute, determined that an animal exhibition was not a permissible use under the township's zoning ordinance, and permanently enjoined the owners from operating an animal exhibition and conducting any retail sales, except for horticultural products produced on the property. This court held that the exotic animals ordinance did not conflict with state statute nor was it preempted. Further, this court held that the property owners' grandfathered possession and exhibition of exotic animals was limited to one wolf; animal control officer exception to exotic animal possession was limited to temporary possession of exotic animals in conjunction with owner's work as an animal control officer; township was not estopped from enforcing its exotic animal ordinance; and interpreting zoning ordinance's language to require sale of horticultural products from the land itself was not inherently unreasonable. Affirmed in part, reversed in part, and remanded; motion dismissed. | Case | |
| ID - Disaster planning - Idaho Emergency Operations Plan | Idaho Emergency Operations Plan 2021 | The Idaho Incident Annex (ID-IA) #5, Animal Health Emergency Management Annex defines the roles and responsibilities of the Idaho State Department of Agriculture (ISDA) and its supporting agencies in response to an emergency event. | Administrative | ||
| NY - Trusts - Chapter 17-B. Of the Consolidated Laws. | McKinney's E. P. T. L. § 7-8.1 | NY EST POW & TRST § 7-8.1 | This New York statute provides that a trust for the care of a designated domestic or pet animal is valid. Such trust shall terminate when the living animal beneficiary or beneficiaries of such trust are no longer alive. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use. | Statute | |
| MI - Fishing - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.48701 - 48727 | MI ST 324.48701 - 48727 | These sections lay out the guidelines for sport fishing including legal fishing devices, the open season for each species as well as the minimum legal size requirement for each species of fish. | Statute | |
| State of Washington v. Zawistowski | 82 P.3d 698 (Wash. 2004) | 119 Wn. App. 730 |
Defendants were convicted of animal cruelty with regard to underweight and malnourished horses. The Superior Court reversed, holding that the evidence was insufficient to sustain a jury finding, and the State appealed. Held: reversed. |
Case | |
| Animal Hospital of Elmont, Inc. v. Gianfrancisco | 418 N.Y.S.2d 992 (N.Y.Dist.Ct., 1979) | 100 Misc.2d 406 (N.Y.Dist.Ct., 1979) |
In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309. |
Case | |
| US - Endangered - Final Rule To List the Tibetan Antelope as Endangered | 2006 WL 776962 (F.R.) |
The U.S. Fish and Wildlife Service (Service) has determined that the classification of the Tibetan antelope (Pantholops hodgsonii) as endangered throughout its range is warranted, pursuant to the Endangered Species Act of 1973, as amended (Act, 16 U.S.C. 1531 et seq.). The best available information indicates that the total population of Tibetan antelope has declined drastically over the past three decades such that it is in danger of extinction throughout all or a significant portion of its range. This decline has resulted primarily from overutilization for commercial purposes and the inadequacy of existing regulatory mechanisms. |
Administrative |