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Title Citation Alternate Citation Summary Type
Night monkey in a soiled and rusty cage. Slideshow Images
Tuman v. VL GEM LLC Slip Copy, 2017 WL 781486 (S.D.N.Y. Feb. 27, 2017)

In this case, Tuman sued the owners of her apartment complex, VL GEM LLC and GEM Management Partners LLC, after the apartment complex refused to allow her to keep an emotional support dog in her apartment to help her deal with her post-traumatic stress disorder. Truman argued that she was discriminated against after she requested a “reasonable accommodation” for her disability, in violation of the Fair Housing Act (FHA). The defendants argued that Truman failed to provide sufficient medical documentation of her need for the support dog and therefore were not liable for discrimination under the FHA. The court found that Truman was able to establish a disability under FHA by showing that her PTSD “causes her to have severe anxiety and difficulties with socialization.” The court held that this satisfied the requirement under the FHA that the disability must “substantially limit one or more major life activities.” Since Truman qualified as disabled under the FHA, the court turned to whether or not she had provided the apartment complex with sufficient documentation and notice. Ultimately, the court found that Truman had provided the apartment with sufficient documentation because she provided them with a note from her doctor stipulating that Truman needed an accommodation in order to cope with her disability. Lastly, the court found that the apartment complex knew of Truman’s disability and request for an accommodation and still refused to allow her to have a dog, which resulted in a violation under the FHA. As a result, the court found for Truman. 

Case
Rogers v. Teignbridge District Council

A planned event called "The Creepy Crawly Show" was to have been held at a racecourse and to have involved the display and sale of small exotic animals by a number of different breeders, dealers and enthusiasts. The event's organizer applied to the local council for a pet shop licence under the Pet Animals Act 1951. The application was refused on the ground that the event was prohibited by section 2 of the Act which states that a person is guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". The organizer's appeal to the local magistrates court was dismissed. Held: the holding of the event would have involved the carrying on a business of selling pets in a "public place". It would also have involved the selling of animals in a market. The event was therefore prohibited by section 2 and that it would have been unlawful for the local authority to have licensed it.

Case
Lira v. Greater Houston German Shepherd Dog Rescue, Inc. 488 S.W.3d 300 (Tex. Apr. 1, 2016) 2016 WL 1267745 (Tex. Apr. 1, 2016)

In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners. 

Case
LA - Cruelty - Chapter 17. Cruelty to Animals (Corporations for Prevention of Cruelty to Animals) LSA-R.S. 3:2391 - 2501 These chapters concerns the powers and duties of Louisiana corporations for prevention of cruelty to animals. Statute
DE - Pet Sales - CHAPTER 40. PET WARRANTIES 6 Del.C. § 4001 - 4011 DE ST TI 6 § 4001 - 4011 This Delaware statutory section comprises the state's "pet warranty" laws. Purchasers receive a statement of the dog's breed and any registration information when buying pets from a retail pet store under the law. Sellers are required to disclose any known disease or illness at the time of sale. Further, sellers must provide the following written statement when selling a registered pet: "A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage." Buyers may receive a refund or replacement, or have veterinary expenses reimbursed by a seller where a dog becomes ill or dies within 20 days of purchase (or within two years for a congenital disorder). Statute
AL - Dog - Chapter 49. Mobile County Dog Laws Ala. Code 1975 § 45-49-170.20 - .28; Ala.Code 1975 § 45-49-231 AL ST § 45-49-170.20 - .28; AL ST § 45-49-231 These are laws specific to Mobile County in Alabama. The first set of laws concern the regulation of dangerous or nuisance dogs in the county. An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The next law (§ 45-49-231) concerns theft of dogs in the county. Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall make contact with the owner and deliver the dog to the owner, or return the dog to the place where the dog was picked up. If the person fails to carry out this section, he or she shall be subject to arrest and prosecution for the crime of theft as provided in Chapter 8 of Title 13A. Statute
MO - Carthage - Breed - Sec. 4-5.1. Pit bulldogs prohibited. CARTHAGE, MO., CODE § 4-5.1

In Carthage, Missouri, it is unlawful to keep, harbor, own or possess any pit bulldog as defined. An exception is made for pit bulldogs registered as of the effective day (Jan. 26, 1993), as long as the dog is properly confined or kept on a leash and wearing a muzzle. The owner must also take photographs of the dog for identification purposes. Any person violating the provisions may be fined up to $500. The dog may also be removed from the city.

Local Ordinance
LOUISVILLE & N. R. CO. v. WATSON 208 Ala. 319 (1922) 94 So. 551 (Ala., 1922)

On November 2, 1920, on a “moonlit night”, plaintiff was fox hunting by a railroad track when his dog was hit by the train. Plaintiff claimed that defendant’s employee negligently ran over his dog while acting within the scope of his duties as an operator of the train. The Alabama Supreme Court affirmed a jury award of $50, and held that it was proper for the plaintiff to show the excellent hunting qualities displayed by this dog to determine its market value.

Case
IA - Impoundment - 351.37. Dogs running at large--impoundment--disposition I. C. A. § 351.37 IA ST § 351.37 This Iowa statute provides that a dog shall be impounded by a local board of health or law enforcement official if the dog is running at large and the dog is not wearing a valid rabies vaccination tag. The statute requires that written notice be sent to the owner (if the owner's name can be reasonably determined from a tag or other source) who then has seven days to redeem the dog before it is euthanized. Statute

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