Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | ||
|---|---|---|---|---|---|---|---|
| Kerr v. Kimmell | 740 F.Supp. 1525 (D. Kan. 1990) |
The operator of a dog kennel brought an that alleged the Kansas Animal Dealers Act violated the Constitution. The District Court held that the Kansas Animal Dealers Act did not violate commerce clause and was, in fact, a valid exercise of the state's traditional police power. |
Case | ||||
| US - Assistance animals, housing - § 100.204 Reasonable accommodations. | 24 C. F. R. § 100.204 | This section states that it is unlawful any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Examples of such situations are also given. | Administrative | ||||
| RI - Rabies - § 4-13-29.1. Responsibility for local rabies control | Gen. Laws, 1956, § 4-13-29.1 | RI ST § 4-13-29.1 | This Rhode Island statute provides that towns and cities are required to provide for the control of rabies in cats, dogs, and ferrets within its boundaries. The municipality may elect to adopt into ordinance provisions at least as stringent as this chapter. | Statute | |||
| NC - Assistance Animals - Assistance Animal/Guide Dog Laws | N.C.G.S.A. § 14-163.1, § 168-1 - 13; § 20-175.1 - 175.4 | NC ST § 14-163.1; § 168-1 - 13; § 20-175.1 - 175.4 | The following statutes comprise the state's relevant assistance animal and guide dog laws. | Statute | |||
| Animal Law Index Volume 8 |
Animal Law, Volume 8 (2001)
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Policy | |||||
| McClendon v. Story County Sheriff's Office | 403 F.3d 510 (8th Cir. 2005) | 403 F.3d 510 (8th Cir. 2005) |
A farmer was neglecting her horses and the entire herd confiscated by animal control officers. The farmer brought a section 1983 claim against the animal control officers for acting outside of the scope of their warrant by removing more than just the sick horses. The Court of Appeals affirmed the trial court in part, holding the animal control officers were entitled to qualified immunity and seizure of all the horses was not unreasonable or outside the scope of the warrant. |
Case | |||
| Rivers v. New York City Hous. Auth. | 694 N.Y.S.2d 57, 58 (N.Y.App.Div.1999) | 264 A.D.2d 342 (N.Y.App.Div.1999) | In this case, the appellate court said that in order for the landlord to be held liable for injuries sustained as result of attack by tenant's pit bull, it must be demonstrated that the animal had vicious propensities and that landlord knew or should have known of these propensities. The trial court erred in taking judicial notice of the vicious nature of pit bulls, rather than letting the trier of fact determine whether the pit bull had displayed any signs of vicious or violent behavior prior to the incident. The order denying the defendant's motion for summary judgement dismissing the complaint was reversed. | Case | |||
| Callahan v. Woods | 736 F.2d 1269 (9th Cir. 1984) |
Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion. Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation. This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA. For application of this test to religious challenges to the BGEPA, see Detailed Discussion of Eagle Act . |
Case | ||||
| NY - Lost Dog - Article 7-B. Lost and Found Property. | McKinney's Personal Property Law § 251 to 258 | NY PERS PROP § 251 to 258 | This section comprises New York's Lost and Found Property provisions. | Statute | |||
| MI - Pet Trusts - Chapter 700. Estates and Protected Individuals Code. Estates and Protected Individuals Code. | M. C. L. A. 700.2722 | MI ST 700.2722 | This Michigan statute provides that a trust for the care of a designated domestic or pet animal is valid (these trusts follow the terms for non-charitable trusts and thus, can be of a duration of up to 21 years). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible to prove the transferor's intent and the court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. | Statute |