Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Canada - Dog, dangerous - Nova Scotia Municipal Government Act | S.N.S. 1998, c. 18, s. 174 - 179 | Certain sections (ss.175-179) of this Nova Scotia statute deal with dog ownership, and the consequences for failing to control a dog, or owning one who causes harm to people or property. | Statute | ||
| NV - Washoe County - Chapter 55: Animals and Fowl (Sections 55.110; 55.390 - 55.450) | The Washoe County Code, Chapter 55: Animals and Fowl, §§ 55.110, 55.390 - 55.450 (2012) |
These Washoe County, Nevada ordinances prohibit any person from keeping an animal unless the area in which the animal lives is kept clean and free of offensive odors and animal wastes. Additionally, these ordinances also require that any person who wishes to keep more than 3 adult dogs or 7 adult cats obtain a permit; permit requirement, exemption, and revocation or suspension provisions are also included, as are the penalties for violating these provisions. |
Local Ordinance | ||
| Friends of Animals v. Salazar | 626 F.Supp.2d 102 (D.D.C.,2009) | 2009 WL 1743501 (D.D.C.) | Plaintiffs brought an action against the Department of Interior and the Fish and Wildlife Service of the Department of Interior (“Defendants”) alleging that Defendants unlawfully promulgated a rule (the “Rule”) under the Endangered Species Act (“ESA”) exempting three endangered antelope species from the import, take and other prohibitions under the ESA. On the parties’ cross motions for summary judgment, the United States District Court, District of Columbia granted Defendants’ motion in part and denied Defendants’ motion in part, finding Plaintiffs lack representational standing with respect to wild antelope and antelope in captivity, but have organizational standing under Section 10(c) of the ESA. The Court granted Plaintiffs motion with respect to their Section 10(c) claim, finding that the promulgated rule violates Section 10(c) of the ESA. | Case | |
| United States v. Place | 462 US 696 (1983) |
This case addressed issues relating to searches and seizures and violations of Fourth Amendment rights. |
Case | ||
| Estis v. Mills | 318 So. 3d 449 (La. App. 2 Cir. 4/14/21) | 53,852 (La. App. 2 Cir. 4/14/21) | The Estis' sued the Mills for the wrongful killing and disposal of the Appellants’ German Shepherd. On appeal, the Appellants argue that the district court erred in permitting the Appellees to amend their original answer to now include an affirmative defense of immunity pursuant to La. R.S. 3:2654, which would relieve the Appellees of liability. Further, the Appellants contend that the district court erred in granting the Appellees’ motion for summary judgment, asserting that there remain genuine issues of material fact, and notwithstanding liability for the death of the dog, the court erred in dismissing the Appellees’ claim for conversion. The parties were neighbors whose property was separated by an enclosed pasture where the Mills used to keep horses. Despite requests from Mills, the Estis' dogs would enter the pasture and harass the horses. In 2017, Mills discovered the dog yet again in the pasture with the horses, so Mr. Mills shot, killed, and disposed of the dog. Subsequently, the Estis family filed suit seeking damages for the intentional killing of the dog and disposing of the dog in a bayou approximately ten miles away. The lower court granted a motion in favor of the Mills agreeing that they had immunity from suit under La. R.S. 3:2654.1. On appeal to this court, the Estises argue that the Mills waived the immunity under the statute because they failed to affirmatively plead the defense in their answer to the pleadings. This court found that immunity had not been affirmative pled as required by statute. Consequently, the Mills received permission to amend their answer and plead the immunity provision. Following granting of the Mills' second motion for summary judgment based on the immunity statute, the Estises appeal that decision. As to Estis' argument that leave to amend the answer was erroneously granted, this court first noted that determination whether to allow pleadings to be amended is discretionary and will not be reversed absent an abuse of discretion. The court found no evidence that there was bad faith in the decision to the amend the pleadings like delay. Further, there was no demonstration of prejudice from the granting of an amended answer. As to Estis' claim that summary judgment was erroneously granted, the court discussed a photograph that was submitted in evidence support showing a horse grazing with its back presented "indifferently" to the dog. The Mills countered with the evidence of an independent eyewitness to the incident who asserted that the dog harassed the horses. The court noted that issues of the credibility of evidence have no place in a summary judgment appeal. As a result, this court found that the lower court judge's statements that, in effect, weighed the credibility of the photograph versus the testimony of the witness were inappropriate. Thus, the lower court erred in granting the motion for summary judgment. Finally, the court evaluated Estis' conversion claims for the disposal of the dog's dead body. This court said that, [i]f the court finds that the killing of the dog falls under La. R.S. 3:2654, then the claim for conversion of the dog's body does not survive. However, if there were personal items on the dog at the time of the killing, such as a tracking collar or items of other value, then a conversion claim can be made for those items. If the court determines that the immunity statute does not apply, then the claim for conversion and any other applicable damages may apply." Thus, the trial court's judgment to allow the motion to amend the pleadings was affirmed, the granting of the summary judgment was reversed, and the dismissal of Estis' claims for conversion was reversed and remanded for further proceedings. | Case | |
| WY - Initiative - Right to Hunt, Fish and Trap, Amendment B | Amendment B (2012) | The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012. | Statute | ||
| Global Journal of Animal Law |
Global Journal of Animal LawFor more information about the Journal, see http://gjal.abo.fi/ |
Policy | |||
| Barney v. Pinkham | 45 N.W. 694 (Neb. 1890) | 29 Neb. 350 (Neb. 1890) |
Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses. The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise. The case was remanded for determination of further proofs. |
Case | |
| State ex rel. Griffin v. Thirteen Horses | Not Reported in A.2d, 2006 WL 1828459 (Conn.Super.) |
Defendant's horses were seized on December 14, 2005 pursuant to a search and seizure warrant signed by the court. The warrant was sought, in part, on affidavits that alleged possible violations of the Cruelty to Animals statutory provisions. Defendant Rowley filed the instant motion to dismiss for lack of subject matter jurisdiction arguing that the court lacks jurisdiction because the state has failed to comply with the provisions of § 22-329a and because the search and seizure warrant is invalid. Specifically, defendant maintains that the phrase in subsection (a) authorizing the chief animal control officer to "lawfully take charge of any animal found neglected or cruelly treated" merely allows the officer to enter the owner's property to care for the animal, but does not authorize seizure of the animal without a prior judicial determination. This court rejected Rowley's interpretation of the phrase "lawfully take charge." The court found that, as a practical matter, it is inconceivable that animal control officers, having found animals that are neglected or cruelly treated, would then leave them at the property. |
Case | ||
| KS - Rabies - 9-18-5 Importing dogs and cats. | K.A.R. 9-18-5 | KS ADC 9-18-5 | This Kansas regulation states that dogs and cats shall not be imported into Kansas unless accompanied by a certificate of veterinary inspection issued by a licensed veterinarian and vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies. | Administrative |