Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Cleveland Hts. v. Jones | 2006 WL 256638 (Ohio App. 8 Dist.) | Slip Copy, 2006 WL 256638 (Ohio App. 8 Dist.), 2006-Ohio-454 | In this Ohio case, the defendant was convicted in the Cleveland Heights Municipal Court of keeping more than two dogs at his single-family residence contrary to an ordinance that limited the keeping of more than two dogs at a single-family residence (defendant was found to have three dogs, one of whom he said was "visiting" his daughter). In affirming defendant's conviction, the court found no merit to defendant's challenge that the term "kept" was ambiguous. Further, the evidence adduced at trial was sufficient to support defendant's conviction where the officer witnessed the dogs at the residence and defendant admitted to having three dogs in his home even without ownership of the third. | Case |
| AK - Initiatives - Ballot Measure 3 (bear baiting or feeding) | 2004 Ballot Measure 3 | This Alaska ballot measure was defeated in the November 2004 election. It would have made it illegal for a person to bait or intentionally feed a bear for purposes of hunting, viewing, or photographing the bear. A person who violated this proposed law would have been guilty of a Class A misdemeanor, punishable by up to one-year imprisonment and a fine of up to $10,000. It failed with only 43.3% of the vote. | Statute | |
| NJ - Dogs - Consolidated Dog Laws | N. J. S. A. 2A:42-101 to 2A:42-113; 2C:29-3.1; 4:19-1 to 4:19-43; 4:19A-1 - 17; 4:21B-1 - 3; 4:22A-1 to 13; 23:4-25, 26, 46; 26:4-78 - 95; 40:48-1; 54:4-83 | These statutes comprise New Jersey's dog laws. Among the provisions include laws regarding domesticated animals in housing projects, rabies control laws, licensing requirements, and dangerous dog laws. | Statute | |
| MD - Police animals - § 3-526. Funding for veterinary treatment for retired law enforcement dogs | MD Code, Public Safety, § 3-526 | This law enacted in 2021 provides that a State or local law enforcement agency that removes from duty a dog used in law enforcement work shall reimburse an individual who, under a written agreement with the law enforcement agency, takes possession of the dog on or after October 1, 2020, for reasonable and necessary veterinary treatment provided to the dog. Public donations may be accepted and distributed to the K-9 Compassionate Care Fund. Reimbursement may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog. Costs may not exceed $2,500 during a calendar year and $10,000 over the life of the dog. | Statute | |
| McCall v. State | 540 S.W.2d 717 (Tex. Crim. App. 1976). |
Open fields doctrine; warrantless seizure. It was not unreasonable for humane society members to enter defendant's land and seize dogs where the dogs were kept in an open field clearly in view of neighbors and others, and where it was apparent that the dogs were emaciated and not properly cared for. |
Case | |
| In re New Jersey Pinelands Com'n Resolution | 812 A.2d 1113 (N.J.Super.A.D.,2003) | 356 N.J.Super. 363 |
This case concerns the approval of a settlement agreement for a residential development project that contained habitat critical to the survival of a local population of timber rattlesnakes, an endangered species in New Jersey. The court's review of the record found that there is no reason to interfere with the determination by the Commission, since there was ample evidence to support the Commission's decision to approve the settlement. The court also agreed with the lower court that the environmental organizations lacked standing to bring an endangered species counterclaim before the lower court. Specifically, the court found that the Department of Environmental Protection and the Commission did not fail to act in implementing the endangered species act; thus, no standing was conferred upon the groups. The court also noted that the DEP and the Commission acted in their requisite complementary roles in effecting the Act. |
Case |
| MS - Hunting, birds - § 49-1-39. Killing animals or birds injurious to agriculture; | Miss. Code Ann. § 49-1-39; Miss. Code Ann § 49-5-7 | MS ST § 49-1-39; MS ST § 49-5-7 | Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act, and was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species). While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law. | Statute |
| Hollendale Apartments & Health Club, LLC v. Bonesteel | --- N.Y.S.3d ---- , 2019 WL 2031263 (N.Y. App. Div., 2019) | 2019 N.Y. Slip Op. 03718 | The Plaintiff owns and operates an apartment complex with a policy that prohibits defendants from keeping a dog on the premises. The Defendant, Bonesteel, began renting an apartment at Plaintiff's complex in 2011 under a one-year lease. Defendant continued to renew his one-year lease for additional one-year terms until 2014. Defendant's therapist sent a letter to the Plaintiff requesting an exception to the no dog policy so that the Defendant could have an emotional support animal. The Plaintiff denied the request but stated that it would allow a bird or cat or an early termination of Defendant's lease. The Plaintiff filed an action seeking a judgment declaring that the Plaintiff's refusal to permit the Defendant to have an emotional support dog was not in violation of the Fair Housing Act (FHA) and the Human Rights Law (HRL). The Plaintiff subsequently reduced the Defendant's lease renewal term to three months. The Defendant filed counterclaims on grounds of discrimination. The Supreme Court of New York also granted a motion allowing the Attorney General to intervene. The Attorney General asserted counterclaims on similar grounds to those raised by the Defendant. After a nonjury trial, the trial court issued a judgment that the Plaintiff's actions did not violate the FHA and the HRL. The Defendant then appealed. On appeal, the Supreme Court addressed the question of whether the Plaintiff's claims were justiciable even though the matter was not raised by the parties. Since the Plaintiff had already denied the Defendant's request for an exception to the policy when it filed the action and no harm to the Plaintiff occurred or was impending, it was essentially asking the Court to issue an advisory opinion which is not an exercise of judicial function. Therefore, the Court dismissed the Plaintiff's declaratory judgment. The Court then considered the Defendant's counterclaims since concrete injuries were alleged. The only two arguments addressed were whether the Defendant actually had a qualifying disability within the meaning of the FHA and the HRL and whether the accommodation requested was necessary to afford the Defendant an equal opportunity to use and enjoy his dwelling. The Court concluded that the Defendant met his burden to establish that he is disabled within the meaning of the FHA and HRL. The Court also found that the Defendant "offered sufficient evidence that having an emotional support dog would affirmatively enhance his quality of life by ameliorating the effects of his disability, and thus demonstrated necessity within the meaning of the FHA and the HRL." Lastly, the Court found that the Plaintiff retaliated against the Defendant by reducing his lease renewal terms to three months. Accordingly, Defendant was entitled to judgment in his favor on the retaliation counterclaims. | Case |
| Hampton v.Hammons | 743 P.2d 1053 (Okla. 1987) |
The five-year-old child hopped a fence, which was in disrepair, into his neighbor's yard to retrieve a ball. As he was trying to leave, he was severely bitten by a pit bull that the neighbor was keeping for his son. In reversing the judgment in part, the court held that the keeping of a pit bull might be a violation of Tulsa, Okla., Rev. Ordinances tit. 2, ch. 1, § (2)(d) (1973), so the child's negligence per se theory was actionable. The court held that the neighbor was the dog's owner as a matter of law under the dog-bite statute, Okla. Stat. tit. 4. sec. 42.1 (1981). |
Case | |
| People v. Parker (Unpublished) | 1999 WL 33435342 (Unpublished Mich. 1999) |
Defendants-appellees, who were bound over on the charge of knowingly attending an animal fight and of knowingly organizing, promoting, or collecting money for the fighting of an animal, filed a motion to suppress evidence and motions to quash the information. The trial court granted the motions and dismissed the case. The prosecution appealed and the appellate court found that there was sufficient evidence to create an issue of fact, and that evidence that had been obtained in violation of defendant Parker's Fourth Amendment rights was admissible against all defendants except Parker. Finally, as to the defendants' challenge that the statute was unconstitutionally vague and overbroad, the court declared that it had already determined that the language was neither vague nor overbroad. Reversed and remanded for trial. |
Case |