Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Wells v. Brown | 217 P.2d 995 (Cal.App.4.Dist. 1950) | 97 Cal.App.2d 361 (1950) |
In this California case, damages were assessed beyond the purchase price of a dog involved in a hit and run case where the defendant negligently ran over and killed a 15 month old pure-bred Waeimaraner. After the defendant ran over the dog, he shot the dog and buried it. The next morning he contacted the veterinarian listed on the collar, as well as the owner of the dog. The court upheld the jury verdict of $1,500 since the purchase price was determined to not reflect the market value at the time of the dog’s death. |
Case |
| Ecuador - Environmental - Decreto Ejecutivo 752 | Regulations to the Code of the Environment | Decreto 752 regulates the environment code. It comprises seven books that regulate each of the books in the Environmental Code regulating topics such as natural heritage, environmental quality, climate change, the coastal marine zone, environmental incentives, etc. These books contain chapters, sections, and provisions concerning wildlife, urban fauna, protected areas, production, and sustainable use, etc. This regulation establishes that all wildlife species are protected by the government, and gives special priority to native, endemic, threatened, and migratory species. It prohibits the commercial trade of wildlife from being used as pets without authorization; the commercial trade of native, endemic, threatened, and migratory wildlife species directly taken from their natural habitat; and other prohibitions that the environmental authority may establish. This executive decree also regulates the application of The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Chapter V, articles 106-121. | Statute | |
| Canada - B.C. - B.C. Statutes - Vancouver Charter. Part XIV -- Nuisances | S.B.C. 1953, c. 55, s. 323 - 324(A)3 | These British Columbia, Canada laws provide the laws for preventing, abating, and prohibiting nuisances, which include dangerous dogs. The laws describe what constitutes a dangerous dog and what actions may be taken with a dangerous dog. The set also contains provisions that allow for the creation of by-laws to control and impound animals. | Statute | |
| NH - Portsmouth - Chapter 4: Food Licensing and Regulations | City of Portsmouth, New Hampshire, Code of Ordinances §§ 4.101 - 4.507 |
These Portsmouth, New Hampshire ordinances provide licensing, inspection, and penalty provisions for milk, slaughterhouses, butchers and restaurants. |
Local Ordinance | |
| Olier v. Bailey | 164 So. 3d 982 (Miss. 2015) | 2015 WL 1611772 (Miss. 2015) | Plaintiff was attacked and chased by a domestic goose in Defendant’s yard. As Plaintiff attempted to flee, she fell and broke her arm. Plaintiff sued Defendant in the County Court of Jackson County under a theory of premises liability and, alternatively, under the dangerous-propensity rule. The trial court granted summary judgment because it found that Plaintiff was a licensee on Defendant's property and that Defendant did not breach her duty of care toward Plaintiff. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Plaintiff ever had exhibited dangerous propensities prior to the incident. Plaintiff appealed to the Jackson County Circuit Court, which affirmed. Plaintiff then filed the instant appeal. The Supreme Court of Mississippi held that, while Plaintiff cannot, as a matter of law, pursue her claim under her theory of general premises liability, she can proceed under the dangerous-propensity theory because the court found an issue of fact regarding whether Defendant was on notice of her geese's alleged dangerous propensity. Accordingly, the Supreme Court affirmed the trial court judgment in part, reversed it in part, and remanded for further proceedings. | Case |
| Reams v. Irvin | Not Reported in F.Supp.2d, 2008 WL 906005 (N.D.Ga.) | 2008 U.S. Dist. LEXIS 25350 |
The plaintiff brought a 42 U.S.C 1983 action against police officers she claimed violated her civil rights under the Due Process Clause, the Equal Protection Clause, and the Fourth Amendment to the United States Constitution when they impounded 46 of her horses on suspicion of animal abuse. Upon a summary judgement motion by the defendants, the court dismissed all of the plaintiff's claims. Responding to the Fourth Amendment claim in particular, the court held that an old dairy barn, which was being used to hide dead horses, was neither within the curtilage of the home nor protected by the Fourth Amendment. After applying the Dunn factors, the court determined that the barns distance of 150 yards from the dwelling on the farm, its use for the commercial production of dairy products, its lacks of enclosure, and its missing doors all militated against it being part of the curtilage of the home and it did not enjoy Fourth Amendment privacy protection. |
Case |
| Andrus v. Allard | 444 U.S. 51 (1979) |
The Court holds that the narrow exception in the BGEPA for "possession and transportation" of pre-existing eagles and eagle artifacts does not extend to sale of the those lawfully obtained artifacts. The legislative history and plain language of the statute is clear on Congress' intent to prohibit any commerce in eagles. This prohibition on commerce in eagle artifacts does not constitute an unconstitutional taking because the ability to sell the property is but one strand in the owner's bundle of property rights. The denial of one property right does not automatically equate a taking. For further discussion on the prohibition in commerce of pre-existing eagle artifacts, see Detailed Discussion of Eagle Act. |
Case | |
| Mogensen v. Welch | --- F.Supp.3d ----, 2023 WL 8756708 (W.D. Va. Dec. 19, 2023) | 2023 WL 8756708 (W.D.Va., 2023) | Plaintiffs owned and operated a zoo containing about 95 animals. Following complaints about suspected abuse and neglect of these animals, defendant executed a search warrant of the zoo. The search led to the seizure of many of these animals, including a tiger in such poor health that it needed to be euthanized. Following the seizure of these animals, plaintiffs filed a motion to argue that their due process rights were violated because a civil forfeiture hearing must be held no more than ten business days after the state seized the animals, and plaintiffs argue that ten days is too little time to prepare for the hearing. To succeed on the claim, plaintiffs must show that they are likely to suffer irreparable harm in the absence of preliminary relief, which they were unable to do because plaintiffs still have the right to appeal if the hearing does not go in their favor. Therefore, the court denied plaintiff's motion for a preliminary injunction. | Case |
| Revista Brasileira de Direito Animal Volume 13 |
SUMÁRIOEDITORIAL Heron José de Santana Gordilho DOUTRINA INTERNACIONAL/INTERNATIONAL ARTICLES1. PORQUE É CRIME ESMAGAR UM PEIXINHO DOURADO?: DANO, VÍTIMA E A ESTRUTURA DOS CRIMES ANTI-CRUELDADE |
Policy | ||
| City of Water Valley v. Trusty | 343 So.2d 471 (Miss. 1977) | Appellants filed b ill of complaint seeking to enjoin enforcement of city's dog leash ordinance. The court summarily held that Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question. | Case |