Results
Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
---|---|---|---|---|---|
Kohl v. New Sewickley Tp. Zoning Hearing Bd. | 108 A.3d 961 (Pa. Commw. Ct. 2015) | 2015 WL 249186 (Pa. Commw. Ct. 2015) |
Applicants sought a zoning variance to operate a nonprofit dog-rescue shelter. The zoning board denied the application, concluding that the dog-rescue operation run by applicants was a non-permissible “kennel” under the township's zoning ordinance. Applicants appealed to a trial court. The trial court determined that because applicants did not receive “economic gain” or a profit for their efforts, their dog-rescue operation was not a “kennel” and, therefore, was not a prohibited land use under the zoning ordinance. The trial court therefore reversed the zoning board's order. Intervenors, the applicants’ neighbors, appealed from the trial court's decision. Upon review, the Commonwealth Court of Pennsylvania concluded that the term “kennel,” as used in the zoning ordinance, was ambiguous, and had to be construed in favor of applicants to find that applicants' operation of a large dog rescue facility on their property did not constitute the operation of a kennel. The appeals court therefore affirmed the trial court's decision. |
Case | |
CT - Veterinary - Chapter 384. Veterinary Medicine | C. G. S. A. § 20-196 - 206 | CT ST § 20-196 - 206 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
Bartlett v. State | 929 So.2d 1125, (Fla.App. 4 Dist.,2006) | 2006 WL 1409122 (Fla.App. 4 Dist.,2006), 31 Fla. L. Weekly D1449 |
In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting. |
Case | |
Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals | Slip Copy, 2012 WL 4932046 (E.D. Penn.) |
After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts. |
Case | ||
KY - Farm animal - 302 KAR 21:030. Beef Cattle, Bison, and Veal Specific Provisions | 302 KY ADC 21:030 | 302 KAR 21:030 | Beginning in 2010, Kentucky legislators used the legislative initiative process to pass House Bill 398, which requires the Kentucky Livestock Care Standards Commission to make recommendations to the Board of Agriculture to create standards for the keeping of livestock. In response, the Kentucky Board of Agriculture passed Administrative Regulation 302 21:030 in 2014 to provide additional standards and authorized practices for the keeping of livestock for beef and veal. These standards ensure that beef cows and veal calves have sufficient space, access to food and water, and that veal calves are kept in group pens to allow the calves to socialize. | Administrative | |
CA - Dogs - Consolidated Dog Laws | West's Ann.Cal.Food & Agric.Code § 30501 - 31683; West's Ann. Cal. Fish & G. Code § 3508; 3960 - 3961; West's Ann. Cal. Gov. Code § 38792; West's Ann. Cal. Gov. Code § 25803; West's Ann. Cal. Civ. Code § 3340 - 3342.5 | These statutes represent California's dog laws. Included are provisions on county control of dogs, licensing, killing and seizure of dogs, and laws regarding dangerous or vicious dogs. | Statute | ||
IN RE: MICHEAL McCALL AND KATHY McCALL | 52 Agric. Dec. 986 (1993) | 1993 WL 459890 (U.S.D.A.) | This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. | Case | |
Donald HENDRICK and Concerned Citizens for True Horse Protection, Plaintiffs v. UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), and Animal and Plant Health Inspection Service (Aphis), Defendants. | Slip Copy, 2007 WL 2900526 (W.D.Ky.) |
This matter is before the Court on the motion of Defendant United States Department of Agriculture's Motion to Dismiss. The Horse Protection Act (HPA) is federal legislation which outlaws the practice of “soring” (harm to the feet or limbs of horses in order to enhance the attractiveness of a light-stepped or high-stepping gait during horse-show performances), which is a particular concern for the breed of Tennessee Walking Horses. Plaintiffs seek to have the Court define “sore” and “scar” beyond the definitions provided in the regulations (specifically the “scar rule”). The court found, however, that any alleged or threatened injury based on the HPA or the Scar Rule has not yet occurred. Mere uncertainty about the HPA and Scar Rule alone does not create an injury in fact. |
Case | ||
Colombia - Wildlife - Ley 2111 | Ley 2111 | Ley 2111, 2021, is the law for environmental crimes. The focus is to protect the national ecosystems and the nation’s natural patrimony. This law creates new crimes and strengthens existing ones concerning national wildlife by imposing up to 12 years (60-135 months) of prison and monetary fines of 40,000 minimum wages for illegal trafficking. More specifically, with regards to wildlife, the law punishes “those who traffic, acquire, export or trade without authorization from the competent authority or in violation of existing regulations, specimens, products or parts of aquatic, wild fauna or exotic wild species.” The new crimes created under this law are deforestation, its promotion and financing; wildlife trafficking; the financing of the invasion of areas of special ecological importance; and the financing and illegal appropriation of vacant lands belonging to the nation. The sanctions for the crimes of damage to natural resources and ecocide, illegal hunting and fishing, the illegal use of renewable natural resources, and environmental contamination were strengthened. | Statute | ||
PA - Permits - Chapter 133. Wildlife Classification. | 58 PA ADC § 133.1 - .6; 58 PA ADC § 133.21; 58 PA ADC § 133.41 | 58 Pa. Code § 133.1 to .6; 58 Pa. Code § 133.21; 58 Pa. Code § 133.41 | This set of Pennsylvania regulations defines terms used such as protected mammals, protected birds, endangered species, threatened species, and furbearers. | Administrative |