Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| State v. Vander Houwen | 177 P.3d 93 (Wash., 2008) | 2008 WL 383769 (Wash.), 163 Wash.2d 25 |
The owner of severely damaged orchards was convicted for shooting some of the responsible animals after repeated requests for state remedies were unsuccessful. The damage to defendant's orchard (with estimated losses of over $200,000 for future cherry production) occurred in 1998 and 1999, when herds of elk repeatedly came through inadequate fencing constructed by the State. The Supreme Court held that when a property owner charged with unlawful hunting or waste of wildlife presents sufficient evidence that he exercised his constitutional right to protect his property from destructive game, the burden shifts to the State to disprove this justification. In this case, the defendant was denied jury instructions regarding his constitutional right to reasonably protect his property. |
Case | |
| Nigro v. New York Racing Ass'n, Inc. | 93 A.D.3d 647 (N.Y.A.D. 2 Dept. 2012) | 2012 WL 717854 (N.Y.A.D. 2 Dept. 2012); 939 N.Y.S.2d 565 |
An experienced exercise rider sued the owner of a race track seeking damages for personal injury after the horse she was riding fell on her while crossing a gravel-strewn asphalt road. The Supreme Court held that the rider assumed the risk that the horse might fall by choosing to cross the road despite being aware of the danger. The doctrine of “primary assumption of the risk” applied, and the owner of the premises was not at fault. |
Case | |
| England - Dogs - The Microchipping of Dogs (England) Regulations 2015 | 2015 No. 108 | Regulations making it compulsory for dog owners to ensure their dog is microchipped, and that their contact details are kept up to date on a database. | Statute | ||
| RI - Trusts - § 4-23-1. Trust for care of animals | Gen. Laws, 1956, § 4-23-1 | RI ST § 4-23-1 | This law represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal. The statute lists a distribution schedule for any remaining trust property and also states that such trusts are to be liberally construed to carry out the transferor's intent. | Statute | |
| NC - Dogs - Consolidated Dog Laws | N.C.G.S.A. § 14-81 to 82; N.C.G.S.A. § 14-401.17; § 19A-20 to 44; § 19A-60 to 69; § 67-1 - 36; § 90-187.7; § 113-291.5; § 130A-184 to 204; § 145-13; § 160A-186; § 160A-212 | NC ST § 14-81 to 82; § 14-401.17; § 19A-20 to 44; § 19A-60 to 69; § 67-1 - 36; § 90-187.7; § 113-291.5; § 130A-184 to 204; § 145-13; § 160A-186; § 160A-212 | These North Carolina statutes comprise the state's dog laws. Among the provisions include pet shop provisions, rabies vaccination laws, and the dangerous dog chapter. | Statute | |
| Eckhart v. Department of Agriculture | 8 A.3d 401(Pa. Commw. Ct., 2010) | 2010 WL 4596316 (Pa. Commw. Ct.) |
A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law were not excessive or unreasonable; that fines for failure to comply with conditions of the revised notice were not unconstitutionally excessive or unreasonable; and that enforcement of orders by Bureau of Dog Law Enforcement pending appeal were not staid by the doctrine of equitable estoppel. |
Case | |
| Propes v. Griffith | 25 S.W.3d 544 (Mo.App. W.D., 2000) |
At issue on this appeal to a punitive damages award, is whether defendant's conduct in shooting her neighbors' two dogs was privileged under a Missouri statute that allows a livestock owner to kill dogs that are in the act of chasing sheep. The court held that there was absolutely no evidence indicating the Propes' dogs, or for that matter that any dog, was the cause of the previous attack on the Griffiths' sheep and more sheep were attacked after the dogs had been euthanized. Upon review, the court held that the punishment and deterrence of Mrs. Griffith's conduct is the precise reason for assessing punitive damages and the award of punitive damages was not arbitrary. |
Case | ||
| US - Endangered Species - Subpart D. Threatened Wildlife | 50 C.F.R. § 17.31 - 17.48 | These Endangered Species Act regulations relate to threatened species. Included in the provisions are requirements for obtaining permits to take such species for one of the following purposes: scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or special purposes consistent with the purposes of the Act. Also included are special rules for certain mammals, reptiles, birds, and fishes among other species. | Administrative | ||
| FL - Cemetery Regulation - § 497.273. Cemetery companies; authorized functions | West's F. S. A. § 497.273 | This statute describes the services a cemetery may provide and whether the cemetery may provide those services exclusively. It prohibits the commingling of cremated animal remains with human remains, but allows the entombment of the cremated remains of the decedent's pet with the authorization of a legally authorized person. | Statute | ||
| NE - Disaster - Nebraska Emergency Operations Plan | 2014 SEOP | The Nebraska Emergency Management Agency creates the State Emergency Operations Plan (SEOP). According to the NEMA website, "[t]his State Emergency Operations Plan establishes the policies, plans, guidelines and procedures that will allow all our emergency resources to function effectively, as a team, when disaster strikes. In content and in format, the Plan is consistent with the current nationwide concept embodied in the Integrated Emergency Management System (IEMS) in that the Plan provides for performing specific functions across the full spectrum of hazards. Most tasks and capabilities apply across a broad range of hazards. By treating them in that manner we show an integrated approach to disaster management. Unique aspects of certain hazards are addressed separately, where necessary. Therefore, this is truly a multi-hazard functional plan." | Administrative |