Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| VT - Swine, feral - § 3350. The disposition of feral swine | 20 V.S.A. § 3350 | VT ST T. 20 § 3350 | This law, enacted in 2020, authorizes the Department of Fish and Wildlife to destroy or euthanize a feral swine in accordance with the requirements of 10 V.S.A. § 4709(f). | Statute | |
| Cottongame v. State | 2014 WL 3536801 (Tex. App. 2014), unpublished | 2014 WL 3536801 (Tex. App. July 17, 2014), MEMORANDUM OPINION DO NOT PUBLISH Tex.R.App. P. 47.2(b) | Despite an ordinance restricting the number of cats a person can own to three unless a permit was obtained, an officer decided not to enforce the ordinance against the appellant because she was helping with the feral-cat problem in the city and because “she was ... attempting to bring into compliance [her] animal rescue.” When the officer left his job, however, a neighbor complained and an investigation took place. The investigating officer noted everything in the house was covered in cat litter, there was no carpet in the home, and cat urine was on the living-room floor. The smell of cat urine and feces also sickened the officer to the point that he had to leave the house to get fresh air. The State filed a complaint alleging Appellant's violation of the ordinance. A jury found Appellant guilty of the offense as alleged in the complaint and assessed her punishment at $75 plus court costs. Appellant appealed from her conviction for violating a city ordinance regarding the number of animals that may be kept without a permit. In her first issue, the appellant asserted that her conviction violated the Privileges or Immunities Clause of the Fourteenth Amendment because the city “selectively enforced its purported ordinance that prohibits any person from having possession of more than three cats without a permit.” The court, however, found that there was no evidence before the trial court indicating that appellant was singled out for enforcement or that her selection for enforcement was based on anything other than a valid citizen complaint. In her second issue, the appellant argued that the evidence was insufficient to support her conviction. The court, however, found that the evidence was sufficient to support the jury's finding that the appellant was in violation of the ordinance. The lower court’s decision was therefore affirmed. | Case | |
| US - Endangered Species - 50 CFR Part 17. Endangered and Threatened Wildlife and Plants; Mariana Fruit Bat (Pteropus mariannus m | 50 CFR Part 17, RIN 1018-AH55 |
This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction. The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat. When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam. Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam, thus there is actually a larger number of bats with a wider distribution. Yet, threats to the Mariana fruit bat still remain, so its listing as threatened is still warranted. Additionally, it is more convenient for the FWS to update the listing of the Mariana fruit bat to threatened in the entire Mariana archipelago, than to keep the species in the Guam as endangered and hold the remainder of the archipelago as threatened. |
Administrative | ||
| Petersheim v. Corum | 815 N.E.2d 1132 (Ohio, 2004) | 2004 WL 1812820 |
Driver struck bull that had wandered onto a public highway and driver was killed. Court of appeals ruled for wife in a wrongful death action against the bull's owner. The owner had a duty to take reasonable precautions to prevent the bull's escape. |
Case | |
| IN - Cattle Slaughter - DELHI AGRICULTURAL CATTLE PRESERVATION ACT, 1994 | The Act, specific to the National Capital Region of Delhi, prohibits the slaughter of agricultural cattle such as cows, calves, bulls and bullocks. The Act bans the transport of cattle from Delhi to places outside Delhi for the purpose of slaughter. Persons who wish to export cattle must apply for a permit and submit an undertaking that the cattle shall not be slaughtered. The burden of proof is on the person who is accused under the Act of the slaughter, transport, export, sale, purchase or possession of flesh of agricultural cattle. | Statute | |||
| State v. Murphy | 10 A.3d 697 (Me.,2010) | 2010 ME 140; 2010 WL 5353130 (Me.) |
Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations. |
Case | |
| 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 | |
| Merced v. Kasson | 577 F.3d 578 (C.A.5 (Tex.),2009) | 2009 WL 2343172 (C.A.5 (Tex.),2009) |
Plaintiff José Merced, a Santeria Oba Oriate, or priest, brought action against the City of Euless alleging that city ordinances prohibiting the keeping of animals for slaughter and the slaughtering of animals prevented him from performing animal sacrifices essential to Santeria religious practice. The United States District Court for the Northern District of Texas ruled in favor of the city, but denied its request for attorney fees. The Court of Appeals reversed the decision in favor of the city and affirmed the denial of attorney fees. The court found that the city did not prove that the burden it placed on the plaintiff advanced a compelling interest and was the least restrictive means of doing so. In fact, the Court noted that prior to the ban, Merced had performed these sacrifices for sixteen years without creating health hazards or unduly harming any animals. The City's purported interest was further undermined by the fact that hunters are allowed to butcher dead animals at their homes. Thus, Euless failed to assert a compelling governmental interest in support of its ordinances that burden Merced's religious conduct. |
Case | |
| MD - Hunting - Title 10. Wildlife. | MD Code, Natural Resources, § 10-422 | MD NAT RES § 10-422 | This law reflects Maryland's hunter harassment provision. While on private land that is owned by another person or in a hunting area on land managed by the Department, a person may not intentionally interfere with the lawful taking of wildlife or harass, drive, or disturb any game animal intentionally for the purpose of disrupting a lawful hunt. A Natural Resources officer or other police officer who has probable cause to believe that a person has violated the section may order the person to leave the area or arrest that person if he or she refuses to leave. | Statute | |
| Tilson v. Russo | 30 A.D.3d 856 (N.Y.A.D. 3 Dept., 2006), | 2006 WL 1703632 (N.Y.A.D. 3 Dept.), 818 N.Y.S.2d 311 |
In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks. |
Case |