Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Hulsizer v. Labor Day Committee, Inc. | 734 A.2d 848 (Pa.,1999) | 557 Pa. 467 (Pa.,1999) |
This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.
|
Case |
| Zelenka v. Pratte | 912 N.W.2d 723 (Neb. 2018) | 300 Neb. 100 (2018) | Pratte and Zelenka were in a relationship up until their separation in 2015. Zelenka moved out of the residence that they had shared, however, he was unable to retrieve several items of personal property one of which was a French bulldog named Pavlov. Zelenka filed a complaint against Pratte alleging conversion. Zelenka contended that Pavlov was given to him as a birthday gift from Pratte. The district court ordered Pratte to return Pavlov to Zelenka and the rest of the personal property to remain with Pratte. Pratte appealed and Zelenka cross-appealed. The Supreme Court of Nebraska found that although the parties styled their complaint as one for conversion, the parties tried the action as one for replevin and treated the case in all respects as if replevin had been raised in the pleadings, therefore, the Court treated the action as one in which replevin had been raised in the pleadings. The Court ultimately found the following: Zelenka met his burden of proving that Pavlov was a gift from Pratte; Pratte failed to meet his burden of proving that the Niche leather couch, Niche lamps, and French bulldog lamp were gifts from Zelenka; and that those three items should be returned to Zelenka. As for the other items of personal property, the Court found that there was no basis to set aside the district court’s finding that Zelenka failed to meet his burden of proving ownership. The Court affirmed in part, and reversed and remanded in part. | Case |
| UT - Ag gag - § 76-6-112. Agricultural operation interference--Penalties | U.C.A. 1953 § 76-6-112 | UT ST § 76-6-112 | This Utah law creates the crime of "agricultural operation interference ." A person commits agricultural operation interference if he or she records an image or sound from an agricultural operation by leaving a recording device without consent, obtains access to an agricultural operation under false pretenses, applies for employment with the intent to record, or without consent intentionally records the operation while committing criminal trespass. | Statute |
| KS - Pittsburgh - Breed - DIVISION 2. - PIT BULLS. | PITTSBURGH, KS., CITY CODE §§ 10-101 - 10-108 (2011) |
In Pittsburgh, Kansas, it is unlawful to keep, harbor, own or possess a pit bull dog, except that dogs located within the City on the effective date may be kept upon strict compliance with the requirements. These requirements include proper registration, the use of a leash and muzzle unless confined, "Beware of Dog" sign, liability insurance of $50,000, and identification photographs. Any dog found to be in violation shall be seized and impounded. A violation may result in the removal of the dog, including payments for the dog’s care.
|
Local Ordinance | |
| Federation of Japan Salmon Fisheries Cooperative Association v. Baldridge | 679 F. Supp. 37 (1987) |
Petitioners, Japanese fishing federation, fisherman's association, and environmental group, filed motions for a preliminary injunction against respondent Secretary of Commerce who entered a final decision that approved the federation for an incidental take permit under the MMPA and adopted regulations that authorized the taking of Dall's porpoise within the fishery conservation zone. |
Case | |
| Hammer v. American Kennel Club | 803 N.E.2d 766 (N.Y., 2003) | 1 N.Y.3d 294; 771 N.Y.S.2d 493, 2003 N.Y. Slip Op. 19691 (2003) |
Plaintiff sought both declaratory and injunctive relief against the American Kennel Club (AKC) for use of standards in dog show competitions for Brittany Spaniel dogs that require the docking of their tails. The issue in this appeal is whether Agriculture and Markets Law § 353 grants plaintiff, who wishes to enter his dog and compete without penalty in breed contests, a private right of action to preclude defendants from using a standard that encourages him to "dock" his Brittany Spaniel's tail. The Court of Appeals concluded that it would be inconsistent with the applicable legislative scheme to imply a private right of action in plaintiff's favor because the statute does not, either expressly or impliedly, incorporate a method for private citizens to obtain civil relief. In light of the comprehensive statutory enforcement scheme, recognition of a private civil right of action is incompatible with the mechanisms chosen by the Legislature. |
Case |
| Humane Society of the United States v. Animal and Plant Health Inspection Service | 2019 WL 2342949 (D.D.C. June 3, 2019) | The Humane Society submitted two Freedom of Information Act requests to the Animal and Plant Health Inspection Service. One was for site-inspection reports and the other was for inspection records for specific animal dealers and exhibitors. The Service released nine pages of inspection records in full but redacted information from the other 127 pages citing FOIA exemptions 6 and 7 that deal with privacy concerns. The Humane Society alleged that the redactions were improper and both parties filed Cross-Motions for Summary Judgment. The Court found that the bulk of the Service’s redactions were improper under exemption 6 because the information did not implicate a licensee’s personal privacy interests. Exemption 6 was meant to protect individuals from public disclosure of intimate details of their lives. Details about a business’ compliance with regulations and statutes does not relate to intimate personal details. It only relates to business activities. Information about business judgments and relationships do not qualify for redaction. However, a substantial privacy interest is anything greater than a de minimus privacy interest and the licensees and third-parties had more than a de minimus privacy interest in their names, addresses, and contact information. The licensees were also homestead businesses meaning that the location of their business also served as their residence. The Court weighed the privacy interest in non-disclosure against the public interest in the release of the records and ultimately found that although the licensees and third parties had a substantial privacy interest in their names, addresses, and contact information, they only had a de minimus privacy interest in the other information that they withheld from the reports. If no significant privacy interest is implicated, FOIA demands disclosure. The service was required to disclose all reasonably segregable portions of the records that do not include identifying information. The Court found the Humane Society’s argument unpersuasive that releasing the addresses of the licensees would serve the public interest. The Service properly withheld the licensees’ addresses and names of third-party veterinarians. Exemption 7 allows for agencies to withhold information compiled for law enforcement purposes, but only to the extent that the production of those law enforcement records could reasonably be expected to constitute an unwarranted invasion of personal privacy. The Humane Society argued that inspection reports are not compiled for law enforcement purposes because the existence of such a report does not, on its face, reveal that there is any particular enforcement or investigatory action occurring. The Court found that the inspection records relate to the Service’s responsibility to enforce the AWA and ensure that licensees are in compliance, therefore, there was a nexus between the reports and the Service’s law enforcement duties. The Court also conducted the same balancing test that they did with exemption 6 and held that the Service releasing information other than the licensees’ addresses and third parties’ names could not reasonably be expected to constitute an unwarranted invasion of personal privacy. The Service properly withheld the licensees’ addresses and contact information and despite the Service’s improper withholding of dates, inspection narratives, animal inventories, etc., the Court found that they had otherwise met their burden of releasing all reasonably segregable information. Both the Plaintiff’s and Defendant’s Cross-Motions for Summary Judgment were granted in part and denied in part. | Case | |
| WY - Dangerous - Article 1. In General. (Dangerous Dog Provisions) | W. S. 1977 § 11-31-105 to 108 | WY ST § 11-31-105 to 108 | This Wyoming statute provides that every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog. In addition, the owner of any dog is liable for all damages that accrue to any person, firm or corporation by reason of the dog killing, wounding, worrying or chasing any sheep or other domestic animals belonging to the person, firm or corporation. | Statute |
| SC - Ordinances - § 47-3-20. Local animal care and control ordinances authorized. | Code 1976 § 47-3-20 | SC ST § 47-3-20 | This South Carolina statute provides that the governing body of each county or municipality in this State may enact ordinances and promulgate regulations for the care and control of dogs, cats, and other animals and to prescribe penalties for violations. | Statute |
| People v. Baniqued | 101 Cal.Rptr.2d 835 (Cal.App.3 Dist.,2000). |
Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes. The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes. |
Case |