Minnesota
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Anderson v. Christopherson |
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Anderson v. State Department of Natural Resources |
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Balen v. Peltier (NOTICE: THIS OPINION IS DESIGNATED AS UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINN. ST. SEC. 480A.08(3). |
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Detailed Discussion of Minnesota Great Ape Laws | The following article discusses Great Apes law in Minnesota. While there is no direct law governing who may own a great ape in Minnesota, there are, however, laws in various parts of the Minnesota code that have some limited application to great apes. On the upside, the state's anti-cruelty law applies to all animals, and there is a law specifically protecting companion animals which applies to apes kept for that purpose. On the other hand, the structure of the state's endangered species law - that it neither references apes nor the federal endangered list - makes it a particularly lacklustre protection. Moreover, the state's affirmative decision to address the ownership and possession of Great Apes as a "regulated" animal, along with a number of exceptions and exemptions to the general ban against possessing such animals, is a window into how the state views these animals. |
Engquist v. Loyas |
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Eureka Township v. Petter | In this case, the Township brought action against property owners to enjoin the owners from possessing exotic animals on the property, operating an animal exhibition on the property, and operating a business pelting exotic animals on the property. The District Court invalidated the township's exotic animal ordinance as conflicting with state statute, determined that an animal exhibition was not a permissible use under the township's zoning ordinance, and permanently enjoined the owners from operating an animal exhibition and conducting any retail sales, except for horticultural products produced on the property. This court held that the exotic animals ordinance did not conflict with state statute nor was it preempted. Further, this court held that the property owners' grandfathered possession and exhibition of exotic animals was limited to one wolf; animal control officer exception to exotic animal possession was limited to temporary possession of exotic animals in conjunction with owner's work as an animal control officer; township was not estopped from enforcing its exotic animal ordinance; and interpreting zoning ordinance's language to require sale of horticultural products from the land itself was not inherently unreasonable. Affirmed in part, reversed in part, and remanded; motion dismissed. |
Gurtek v. Chisago County |
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Hannan v. City of Minneapolis |
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Hohenstein v. Dodds |
This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs. Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera. The court held that a n expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible. Further, a n expert witness may not include the opinion of another expert witness as basis for his own opinion. |
Holt v. City of Sauk Rapids | Sauk Rapids, Minnesota passed a city ordinance limiting the number of dogs that could be kept in a residential home. The appellants were dog owners, breeders, and Ms. Holt, who also rescued Newfoundland dogs help find new homes for them. The lower court held that the ordinances were unconstitutional, but the city appealed and on appeal the court reversed the finding. Minnesota law granted the municipality the authority to regulate public and private property, including regulating the keeping of dogs on residential property. City Hall received many complaints concerning dogs, so the Sauk Rapids ordinance was introduced by the mayor to address issues with dog odor and noise. Because limiting the number of dogs can reduce odor and noise, the court found that there was a rational relationship between the ordinance and reducing the problems associated with the dogs. The dog owners failed to show that the ordinance was unreasonable. The constitutionality was upheld because the ordinance was rationally related to the health, safety, and general welfare of the community as affected by dogs. |