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Title Citation Alternate Citation Summary Type
Feger v. Warwick Animal Shelter 29 A.D.3d 515 (N.Y.A.D. 2 Dept., 2006) 814 N.Y.S.2d 700, 2006 WL 1174110 (N.Y.A.D. 2 Dept.) In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact, inter alia , as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat. Case
Kent v. Polk County Board of Supervisors 391 N.W.2d 220 (Iowa 1986)

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

Case
Town of Bethlehem v. Acker 102 A.3d 107 (Conn. App. 2014) 153 Conn.App. 449 (2014) Plaintiffs seized approximately 65 dogs from the Society for the Prevention of Cruelty to Animals of Connecticut pursuant to a search and seizure warrant that had been issued on facts showing that the dogs, which were being kept in an uninsulated barn with an average temperature of 30 degrees Fahrenheit, were neglected, in violation of General Statutes § 22–329a. The trial court found that the smaller breed dogs were neglected, but found that larger breed dogs were not. On an appeal by plaintiffs and a cross appeal by defendants, the appeals court found: (1) the trial court applied the correct legal standards and properly determined that the smaller breed dogs were neglected and that the larger breed dogs were not neglected, even though all dogs were kept in a barn with an average temperature of 30 degrees Fahrenheit; (2) § 22–329a was not unconstitutionally vague because a person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit would constitute neglect; (3) the trial court did not err in declining to admit the rebuttal testimony offered by the defendants; and (4) the trial court did not err in granting the plaintiffs' request for injunctive relief and properly transferred ownership of the smaller breed dogs to the town. The appellate court, however, reversed the judgment of the trial court only with respect to its dispositional order, which directed the parties to determine among themselves which dogs were smaller breed dogs and which dogs were larger breed dogs, and remanded the case for further proceedings, consistent with this opinion. Case
Conservancy v. USFWS 677 F.3d 1073 (C.A.11 (Fla.)) 2012 WL 1319857 (C.A.11 (Fla.))

In this case, many environmental advocacy groups petitioned the U.S. Fish and Wildlife Service to designate critical habitat for a species, the Florida panther, which was listed as endangered under the Endangered Species Act (ESA) in 1967. The petition was denied. Claiming the agency's action was arbitrary and capricious under the Administrative Procedure Act, the groups filed a citizens suit under the ESA in district court. At district, the group's complaints were dismissed and the groups subsequently lost on appeal.

Case
CA - Mammals - § 4700. Taking or possession prohibited; scientific research; legal imports; West's Ann. Cal. Fish & G. Code § 4700 CA FISH & G § 4700 This statute enumerates the fully protected mammals in the state of California. These animals may not be taken or possessed at any time. The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research. Statute
Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham 737 N.W.2d 670 (2007) 479 Mich. 206 (2007)

In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation.

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South Africa - Biodiversity - National Environmental Management No. 10 of 2004: National Environmental Management: Biodiversity Act, 2004. The objectives of this Act are, within the framework of the National Environmental Management Act, to provide for the management and conservation of biological diversity within the Republic and of the components of such biological diversity; to provide for the use of indigenous biological resources in a sustainable manner; and to provide for the fair and equitable sharing among stakeholders of benefits arising from bioprosgecting involving indigenous biological resources. Other objecitves of this Act are to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; to provide for co-operative governance in biodiversity management and conservation; and to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act. Statute
U.S. v. Zak 486 F.Supp.2d 208 (D.Mass., 2007) 2007 WL 1427442 (D.Mass.)

Defendant pleaded guilty to three counts under the MBTA after agents determined that he killed 250 great blue herons; he then went to trial on the remaining counts under the MBTA and BGEPA related to his killing of a juvenile bald eagle on his commercial fish growing operation. On appeal, defendant contended that he cannot be found guilty under the MBTA unless the government proved beyond a reasonable doubt that he knew the bird he was shooting was protected and intentionally shot it with that knowledge (defendant stated that he shot a "big brown hawk'). The court disagreed, finding the overwhelming authority requires no such specific scienter on the part of the actor. With regard to defendant's contention that the government failed to prove the "knowingly" prong of the BGEPA, the court was equally unpersuaded. The evidence demonstrated beyond a reasonable doubt that defendant knowingly shot the eagle as it sat perched on the dead pine tree on the edge of his property, regardless of whether he knew the juvenile bird was an eagle or, as he said, “a big brown hawk.”

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AK - Trusts - § 13.12.907. Honorary trusts; trusts for pets AS § 13.12.907 AK ST § 13.12.907 This Alaska statute provides that trusts for the continuing care of designated domestic animals are valid, provided they are a duration of 21 years or less. The trust terminates when a living animal is no longer covered by the trust. Any remaining trust funds do not go to the trustee, but rather transfer by the order stipulated in the statute. Statute
QUATTROCCHIO WANDA S/ MALTRATO ANIMAL QUATTROCCHIO WANDA S/ MALTRATO ANIMAL (Expte. Nº PEX 292565/21) This is an animal cruelty case in which Wanda Quattrochio witnessed the defendant whipping the neighbor's dogs. Wanda recorded the events and filed a complaint about animal cruelty. The defendant was in charge of caring for the dogs while their owner was away. When the authorities arrived at the house to seize the dogs, they found six dogs in small dirty kennels, with unclean water and without food. After considering the testimony of witnesses and other evidence, the judge concluded that the defendant had violated articles 1-3 of the anti-cruelty law (Ley 14.346) and was found guilty of animal cruelty. In her analysis of the case, the judge stated that animals were not things or resources but rather living beings with the potential to be "subjects of life." Case

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