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Title Citation Alternate Citation Summary Type
Hannah v. State --- A.3d ----, 2024 WL 885161 (Md. Ct. Spec. App. Mar. 1, 2024) 2024 WL 885161 (Md.App., 2024) This case is an appeal of the defendant's conviction on multiple counts of aggravated cruelty to animals, and abuse or neglect of animals. Defendant appeals the felony convictions of aggravated cruelty to animals, arguing that the animal's pain and suffering was caused by neglect rather than any intentional acts. The animals were seized from the defendant's home, where they were found to be lacking food, water, space, and sufficient veterinary care. A veterinarian testified that the animals were underweight, dehydrated, and many had wounds that were not properly treated. Defendant argues that this treatment constitutes abuse or neglect, and that is what the legislature intended to be punished as a misdemeanor. The court considered the use of the word "torture" under the statute, finding that as the actor's conduct is intentional, and results in pain and suffering to the animal, the definition applies. Here, the court finds that there was sufficient evidence that the actions were intentional and resulting in pain and suffering, so the defendant tortured the animals. Accordingly, the court affirmed the judgment of the lower court. Case
Decreto 780 Decreto 780 Decreto 780, 2016, establishes standards and regulations for the control of epidemics and zoonotic diseases. Article 2.8.5.2.19 establishes the duty to vaccinate domestic animals in accordance with the legal standards against preventable zoonotic diseases. Article 2.8.5.2.20 prohibits the sale and commercialization of any animals on public roads. This law also prohibits the establishment of breeding facilities in urban areas of domestic, wild, or exotic animals. Statute
Gurtek v. Chisago County 1988 WL 81554 (Minn.App., 1988) (unpublished)

Appellants sought review of a denial of a special-use permit to build a large campground adjacent to a bald eagle nesting site.  They contended that the denial by the county board was arbitrary and capricious.  The court held that the denial was reasonable where the county proffered two legally valid reasons for denying the permit:  the danger to the sensitive nesting eagle population and the detrimental effect the increased human activity would have on the unspoiled nature of the property.

Case
CA - Spay, neuter - Chapter 7. Spay/Neuter and Breeding Programs for Animals. West's Ann. Cal. Health & Safety Code § 122330, 122331 CA HLTH & S § 122330 - 122331 This California chapter declares that the intent of this legislation is to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals. Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. These entities must also submit statistical information to the State Public Health Veterinarian on a quarterly basis. Statute
NE - Initiatives - Amendment 2 (right to hunt) Amendment 2 (2012) A constitutional amendment to establish the right to hunt, to fish, and to harvest wildlife and to state that public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. It passed with 76.7% of the vote. Statute
AK - Assistance Animal - Alaska's Assistance Animal/Guide Dog Laws A. S. § 09.65.150; 11.76.130; 11.76.133, 28.23.120 AK ST § 09.65.150; 11.76.130; 11.76.133, 28.23.120 The following statutes comprise the state's relevant assistance animal and guide dog laws. Statute
Sheldon Park Tenants v. ACHA The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability. Pleading
Williams v. Reynolds 263 S.E.2d 853 (N.C.App., 1980) 45 N.C.App. 655 (N.C.App., 1980) This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case. Case
People ex rel. Nonhuman Rights Project, Inc. v. Lavery 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) 2014 N.Y. Slip Op. 08531 This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." Case
Marine Mammals Issues

Dolphins

Dolphin and Human Interactions

Laws Concerning Captive Orcas

Polar Bears

Policy

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