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Displaying 5821 - 5830 of 6637
Title Citation Alternate Citation Agency Citation Summary Type
GA - Disaster Planning - Georgia Emergency Operations Plan The Georgia Emergency Operations Plan contains several references to pets during state disasters. Specifically, Emergency Support Function (ESF) #11 considers the need to plan for the "safety and well-being of household pets" and the coordination of "animal evacuation assistance." Administrative
State v. Goodall 175 P. 857 (Or. 1918) 90 Or. 485 (Or. 1918)

This case involved an appeal from this conviction. The trial court found that the defendant rode the animal while it had a deep ulcerated cut on its back, and supplied it with insufficient food. The Oregon Supreme Court affirmed the conviction.

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People v. Proehl (unpublished) Not Reported in N.W.2d, 2011 WL 2021940 (Mich.App.)

Defendant was convicted of failing to provide adequate care to 16 horses. On appeal, Defendant first argued that, to him, nothing appeared to be wrong with his horses and, consequently, no liability can attach. The court disagreed, explaining: "Defendant's personal belief that his horses were in good health . . . was therefore based on fallacy, and has no effect on his liability under the statute." Defendant also maintained that he is an animal hoarder, which is a "psychological condition" that mitigates his intent. Rejecting this argument, the court noted that Defendant’s "hoarding" contention is based upon a non-adopted bill which, in any event, fails to indicate whether animal hoarding may serve as a proper defense.

Case
NY - Horse Racing - Section 4002.8. Qualifications for license 9 NY ADC 4002.8 9 NYCRR 4002.8 If the New York State Racing and Wagering Board finds that an applicant meets the criteria for financial responsibility, experience, character and fitness, then it will issue an occupational license to that person. Administrative
Guenther v. Walnut Grove Hillside Condominium Regime No. 3, Inc. 961 N.W.2d 825 (Neb., 2021) 309 Neb. 655 (Neb., 2021) Plaintiff Christine Guenther appeals her dismissal of her complaint for declaratory judgment against her condominium complex. Guenther contended that Walnut Grove refused to make a reasonable accommodation under the federal Fair Housing Act and the Nebraska Fair Housing Act (collectively FHA), by denying her request to secure her daughter's emotional support dogs through construction of a fence in a common area. In 2018, Guenther made a request to Walnut Grove to construct a fence through part of the common area behind her condominium so that her dogs can safely spend time outside. Guenther stated that she made this request because she witnessed (via sounds) her first emotional support animal killed by either another dog or a car shortly after she moved in. However, Walnut Grove denied Guenther's request, contending that it lacked the authority to divide or partition the "common elements" of the property. As a result, Guenther filed a complaint in the district court for Douglas County seeking a declaration that Walnut Grove refused a reasonable accommodation under the FHA. A trial was held and the lower court dismissed Guenther's complaint, holding that Guenther's daughter did not suffer from a physical or mental impairment which substantially limits one or more of her major life activities and that therefore, Guenther failed to show that N.G. is a handicapped person. Additionally, the court held that Guenther failed to prove that her requested accommodation is necessary to afford the daughter an equal opportunity to use and enjoy the home. On appeal to the Nebraska Supreme Court, the court found the case boiled down to whether Guenther "carried her burden of proving her request to build a fence in Walnut Grove's common area (1) is reasonable and (2) necessary (3) to afford a handicapped person the equal opportunity to use and enjoy a dwelling." As to the factors, the court found that while it is undisputed that the daughter suffered from mental health disorders that were benefited by the interaction with the family dogs, there was insufficient proof that a fence was necessary. In fact, testimony revealed that the daughter freely enjoyed the use of the animals while at Walnut Grove. The fence was not a necessary part of Guenther's ability to use and enjoy the dwelling. Further, Guenther failed to prove that the alternatives proposed by Walnut Grove would not have been effective. Because Guenther failed to meet her burden to prove that construction of the fence is necessary, her claim for refusal of a reasonable accommodation under the FHA failed the judgment was affirmed. Case
ME - Cruelty - Consolidated Cruelty Statutes 7 M. R. S. A. § 3971 - 4042; 17 M. R. S. A. § 1011 - 1046 ME ST Tit. 7 § 3971 - 4042; ME ST Tit. 17 § 1011 - 1046 These Maine statutes comprise the state's anti-cruelty and animal fighting provisions. The first section of laws occurs under Title 7, Agriculture and Animals. Under these laws, a person commits animal cruelty if he or she kills the animal of another person; kills an animal by an inhumane method; injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The neglect component of the statute provides that a person commits cruelty if he or she deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions. These acts are then cross-referenced under the criminal provisions of Title 17, which describes the penalties under § 1031. Animal fighting is a class D crime under this section. Statute
Deanna Wilson, the guardian of her beloved Avain companions v. PETCO Animal Supplies, INC. and DOES 1-10 PETCO and plaintiff met for a settlement conference by order of the Superior Court before the Bar Association of the San Francisco Early Settlement Program. In this settlement, PETCO agreed to pay $7,000 for the dismissal of the suit and the plaintiff agreed to accept this sum with the knowledge that she will be barred from proceeding against PETCO for this incident in the future. PETCO also reaffirmed that is had discontinued selling the bird cage that was the subject of this action and that it will not reinstate this product in its stores with zinc levels that exceed the nationally accepted standard for avian toxicology. Pleading
US - Food Animal - Humane Methods of Livestock Slaughter 7 USC 1901 - 1907 These statutory sections comprise what is commonly termed the Humane Slaughter Act. Included in these sections are Congress' statement that livestock must be slaughtered in a humane manner to prevent needless suffering, research methods on humane methods of slaughter, the nonapplicability of these statutes to religious or ritual slaughter, and the investigation into the care of nonambulatory livestock. Statute
People v. Lewis 23 Misc.3d 49, 881 N.Y.S.2d 586 (N.Y.Sup.App.Term,2009) 2009 WL 530996 (N.Y.Sup.App.Term), 2009 N.Y. Slip Op. 29091 Defendants were charged in separate informations with multiple counts of injuring animals and failure to provide adequate sustenance.   Plaintiff, the People of the State of New York, appealed the lower court’s decision to grant Defendants’ motion to suppress evidence obtained when a special agent of the American Society for the Prevention of Cruelty to Animals approached one of the defendants at his home upon an anonymous tip and inquired about the condition of the animals and asked the defendant to bring the animals outside for inspection, while the incident was videotaped by a film crew for a cable television show.   The Supreme Court, Appellate Term, 2nd and 11th, 13 Judicial Districts reversed the lower court’s decision, finding that Plaintiff met its burden of establishing that the defendant voluntarily consented to the search based on the fact that the defendant was not in custody or under arrest at the time of the search, was not threatened by the special agent, and there was no misrepresentation, deception or trickery on the special agent’s part. Case
Hayes v. Adams 987 N.E.2d 402 (Ill.App. 2 Dist.,2013) 2013 IL App (2d) 120681 (2013)

An 8-year-old girl suffered injuries as a result of being bitten by a dog that escaped from a veterinarian clinic. The girl sued the clinic and the owner of the dog, but the owner was granted a motion for summary judgment because she did not have care or dominion over the animal at the time of the injury; this decision was then appealed.  The Second District Appellate Court of Illinois held the Animal Control Act (510 ILCS 5/16) did not impose strict liability on a dog owner solely because he or she was the legal owner of a dog. The lower court’s decision was therefore affirmed because there was no reasonable or factual basis to impose liability.

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