Nebraska
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NE - Bridgeport - Title IX: General Regulations (Chapter 90: Animals) |
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NE - Breeder - Chapter 18 - Commercial Dog and Cat Operator Inspection Regulations | This set of Nebraska regulations implements the Commercial Dog and Cat Operator Inspection Act. All persons operating a boarding kennel, pet shop, animal control facility, animal rescue, animal shelter, or acting as a dealer or commercial dog or cat breeder shall have a valid license issued by the Department in accordance with the Act and these regulations. |
NE - Assistance Animal - Assistance Animal/Guide Dog Laws | The following statutes comprise the state's relevant service animal, assistance animal, and guide dog laws. |
Guenther v. Walnut Grove Hillside Condominium Regime No. 3, Inc. | 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. |
Fackler v. Genetzky |
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Detailed Discussion of Nebraska Great Ape Laws | Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards. |
Barney v. Pinkham |
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