Indiana

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Titlesort descending Summary
Indiana Dept. of Natural Resources v. Whitetail Bluff, LLC Appellee established a business that allowed for "high fence" hunting, which refers to hunting wild animals on property that is enclosed by a fence, of privately-owned whitetail deer. The pivotal question in this appeals case was whether the Indiana Department of Natural Resources (IDNR) was correct in asserting that the current statutory scheme prohibited this practice, and therefore allowed the agency to promulgate rules effectuating that prohibition. The Indiana Court of Appeals held that IDNR did not have the power to regulate fish and wildlife that were legally owned or held in captivity under a license. The IDNR therefore went beyond its express powers conferred upon it by the General Assembly when it promulgated rules that prohibited "high fence" hunting. The lower court's grant of summary judgment to the appellee was affirmed.
Lachenman v. Stice


In this Indiana case, a dog owner whose dog was attacked and killed by a neighbor's dog, brought an action against the neighbor to recover veterinary bills and emotional distress damages. The court of appeals affirmed the trial court's grant of partial summary judgment in favor of defendant-neighbor, finding that however negligent the neighbor's behavior might have been in controlling his dog, his actions did not constitute outrageous behavior so as to give rise to claim for intentional infliction of emotional distress. The court also refused to extend the bystander rule under plaintiff's negligent infliction of emotional distress claim to include the dog owner's witnessing the death of his dog.

Lee v. State


An attendant of a dog fight was convicted of a Class A misdemeanor under section 35-46-3-4 of the Indiana Code. On appeal, the defendant-appellant argued that the statute was unconstitutionally vague and that the statute invited arbitrary law enforcement, which violated the Due Process clause of the U.S. Constitution. Though the appeals court found the defendant-appellant had waived her constitutional claims by not filing a motion at the bench trial, the appeals court found her claims lacked merit. The defendant-appellant’s conviction was therefore upheld.

Morehead v. Deitrich


Postal carrier sued landlord for negligence after tenant's dog bit her.  The Court of Appeals affirmed summary judgment for defendant, holding that landlord did not have a duty to keep dog from biting postal carrier absent control over the property.

Overview of Indiana Great Ape Laws This is a short overview of Indiana Great Ape law.
Parker v. Obert's Legacy Dairy, LCC


A neighboring landowner brought a nuisance claim against a dairy farm when the dairy farm decided to expand its operations; the dairy farm, however, used Indiana’s Right to Farm Act as an affirmative defense. Agreeing with the dairy farm, the trial court granted the dairy farm’s motion for summary judgment.  Upon appeal, the appeals court affirmed the lower court’s decision.

Price v. State


In this Indiana case, appellant-defendant appealed his conviction for misdemeanor Cruelty to an Animal for beating his 8 month-old dog with a belt. Price contended that the statute is unconstitutionally vague because the statute's exemption of “reasonable” training and discipline can be interpreted to have different meanings. The court held that a person of ordinary intelligence would also know that these actions are not “reasonable” acts of discipline or training. Affirmed.

Puckett v. Miller


In this Indiana case, a dog owner brought action against a farmer for the negligent destruction of his two "coon dogs." The lower court granted the farmer's motion for involuntary dismissal, and dog owner appealed. The Court of Appeals held that the plaintiff's two dogs, at time they were shot by defendant farmer, were “roaming unattended.” This meant that an attempt to find them had been abandoned, and they were, according to defendant's uncontradicted testimony, trying to get into defendant's chicken enclosure. Thus, defendant farmer was protected in his shooting of those dogs by state statutes that provided that any dog known to have worried any livestock or fowl or any dog found roaming over the country unattended may be lawfully killed.

Roose v. State of Indiana


Defendant was charged with criminal mischief and cruelty to an animal after dragging it with his car. The court concluded that, although some of the photos admitted were gruesome, the municipal court validly admitted the photos of the dog that defendant injured into evidence because the photos clearly aided the jury in understanding the nature of those injuries and the veterinarian's testimony as to the medical attention that the dog received.

SEIDNER v. DILL


Charles Dill, appellee, brought this action in the Municipal Court of Marion County, Indiana, therein alleging that the defendant-appellant, Harold Seidner, maliciously and intentionally shot and killed plaintiff's dog. The case essentially involved a companion animal that was shot and killed by the defendant neighbor who alleged that the dog was after his livestock. A statute in Indiana provided that a person was authorized to kill a dog “known” for “roaming” that harmed or threatened to harm the livestock. A verdict of six hundred dollars for the wrongful killing of the dog was affirmed. This case, however, was subsequently overruled  by

Puckett v. Miller

, 178 Ind. App. 174 (Ind. App. Ct. 1978).

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