Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |
|---|---|---|---|---|---|---|
| State v. Amos | 17 N.E.3d 9 (2017) | 2014 -Ohio- 3097 | After witnessing the 73 year old defendant-appellant emerge from area by the veterinary's dumpster holding an empty, wire cage animal trap, an employee of the clinic followed the defendant-appellant's car and obtained the vehicle's license plate number. Upon returning to the dumpster, the employee found a kitten with matted eyes that seemed unhealthy. The defendant-appellant was charged with one count of animal abandonment in violation of R.C. 959.01 and was found guilty. Defendant-appellant appealed her conviction and sentence on the grounds that the court erred in finding beyond a reasonable doubt that she was a keeper or, if she was a keeper, the court erred in determining that she abandoned the animal. The Ohio Court of Appeals held that once the defendant captured the animal in a cage, she assumed the responsibility that she would treat the animal humanely and could therefore be considered a “keeper.” Since Amos captured the animal and released it in another location without taking steps to make sure the animal would be found, the Ohio Court of Appeals also held that a reasonable person could have found beyond a reasonable doubt that the defendant-appellant had “abandoned” the animal. The judgment was therefore affirmed. | Case | ||
| City of Sausalito v. O'Neill | 386 F.3d 1186 (9th Cir. 2004) | 386 F.3d 1186 (9th Cir. 2004) |
A City sought to prevent the National Park Service from implementing a development plan in a nearby recreational area claiming the Park service had violated various environmental statutes. The trial court held the City did not have standing to assert most of its claims and lost on the merits of the remaining claims. The Court of Appeals held the City did have standing to assert all of its claims, but lost on the merits of all its claims except those under the Coastal Zone Management Act and the Marine Mammal Protection Act. |
Case | ||
| 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. |
Case | ||
| Derecho Animal Volume 11 Núm 1 |
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Policy | ||||
| NC - Restaurant, animals - 2656 PHYSICAL FACILITIES | 15A NC ADC 18A.2656 | 15A NCAC 18A.2656 | This North Carolina regulation makes amendments to the Food Code related to dogs and cats in outdoor dining areas. Dogs and cats are allowed in outdoor dining areas provided the dogs or cats are physically restrained and do not pass through the indoor area of the food establishment. All live animals, including pet cats and dogs, are not permitted to come into physical contact with any serving food, serving dishes, tableware, linens, utensils, or other food service items. Employees of a food establishment who prepare or handle food must not physically contact any live animals. | Administrative | ||
| New Hampshire Ins. Co. v. Farmer Boy AG, Inc. | Not Reported in F.Supp.2d, 2000 WL 33125128 (S.D.Ind.) |
Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows. |
Case | |||
| State v. Marcellino | 149 N.E.3d 927 (Ohio App. 11 Dist., 2019) | 2019-Ohio-4837 (Ohio App. 11 Dist., 2019) | Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution. | Case | ||
| LA - Vehicle, animal - § 1738.1. Immunity from liability; gratuitous emergency care to domestic animal | LSA-R.S. 37:1738.1 | LA R.S. 37:1738.1 | This 2018 Louisiana law states that there shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in distress. The person must first do the following: (1) make a good-faith attempt to locate the owner before forcibly entering the vehicle (based on the circumstances); (2) contact local law enforcement/911 before forcibly entering; (3) determine the vehicle is locked and has a good-faith belief there is no other reasonable means for the animal to be removed; (3) believe that removal of the animal is necessary because the animal is in imminent danger of death; (4) use no more force than necessary to rescue the animal; (5) place a notice on the windshield providing details including contact information and the location of the animal; and (6) remain with the animal in a safe location reasonably close to the vehicle until first responders arrive. For purposes of the law, "animal” means any cat or dog kept for pleasure, companionship, or other purposes that are not purely commercial. | Statute | ||
| WA - Research - 19.86.145. Penalties--Animals used in biomedical research | West's RCWA 19.86.145 | WA ST 19.86.145 | This law provides that any violation of RCW 9.08.070 - 9.08.078 (relating to concealing or taking a pet animal with the intent to deprive or defraud the owner) or RCW 16.52.220 (relating to transfer of mammals other than rats or mice for use in research) constitutes an unfair or deceptive practice. Research institutions that violate this provision face only monetary penalties not to exceed $2,500. | Statute | ||
| US - Eagles - § 83.7 Mandatory criteria for Federal acknowledgment. | 67 FR 44347 |
[Regulation removed 2010. Summary of former text provided.] This provision describes the mandatory criteria for establishing the existence of an American Indian tribe for purposes of recognition by the federal government. These criteria implicate federal status for purposes of acquiring eagle parts for use in Indian religious ceremonies under the BGEPA. |
Administrative |