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Downey v. Pierce County |
Dog owner sued county challenging county's dangerous animal declaration (DAD) proceedings. The Court of Appeals held that charging a fee to obtain an initial evidentiary review of a DAD violated owner's due process rights because it impacted owner's property and financial interests and potentially subjected her to future criminal sanctions. The court also held that the lack of an adequate evidentiary standard regarding review of DADs violated due process because the ordinance required only that the reviewing auditor determine if there was sufficient evidence to support the DAD.
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DILLON v. O'CONNOR |
As the court stated, "This is ‘The Case of the Costly Canine.' ‘Bimbo,’ an acknowledged ‘tree hound' but without pedigree or registration papers, lost a bout with defendant's automobile. For ‘Bimbo's' untimely demise, his owner, plaintiff, brought suit against defendant alleging that ‘Bimbo’ was killed as a result of defendant's negligent operation of his automobile." Ultimately, the court used a market value approach in determining damages. However, based on subsequent caselaw, it should be noted that Washington uses the market value approach only for
negligent
injury, and not intentional injury.
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Detailed Discussion of Washington Great Ape Laws |
The following discussion begins with a general overview of the various Washington state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state. |
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Coballes v. Spokane County |
In this case, the Washington Court of Appeals determined the appellant had a statutory right to appeal a county board’s dangerous dog declaration because the board had acted within its ordinary and usual duties. The availability of the right to appeal, however, foreclosed a statutory and constitutional writ of review/writ of certiorari. Furthermore, given the court’s finding that a prior proceeding constituted an appeal as of right, the appellant’s dangerous dog declaration could only be appealed under a discretionary review. The court therefore granted the appellant leave to file a motion for discretionary review.
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Citizens for Responsible Wildlife Management v. State |
A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional. The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion. The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.
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Christine Valpiani and Anthony Valpiani, husband and wife, plaintiffs v. Lisa K. Reising, D.V.M. a Washington State veterinarian |
This King County, Washington motion for summary judgment sought dismissal of several of plaintiff's claims as well as a limitation to the damages that are recoverable. Plaintiffs claim that the negligence of defendant-veterinarian caused the death of their dog (defendant admitted negligence so the issue here centers on damages). The court held that plaintiffs may assert claims for loss of use, but not loss of companionship.
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Brinton v. Codoni |
This unpublished Washington case stems from an attack on plaintiff's dog by a neighbor's dog. Plaintiff sued for damages, alleging negligence and nuisance. The trial court ruled on partial summary judgment that the plaintiff's damages were limited, as a matter of law, to the dog's fair market value. The plaintiff argued that she was entitled to damages based on the dog's intrinsic value (i.e., utility and service and not sentimental attachment) and her emotional distress. On appeal, this court held that since the plaintiff failed to carry her burden of showing that her dog had no fair market value, the trial court properly limited damages to that value. Further, because the plaintiff's nuisance claims were grounded in negligence, she was not entitled to damages beyond those awarded for her negligence claim.
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Animal Legal Def. Fund v. Olympic Game Farm, Inc. |
This case is brought by the Animal Legal Defense Fund (Plaintiff) against a private zoo based in Washington state, known as Olympic Game Farm, Inc (Defendant). Plaintiff argues that defendant has violated Washington’s wildlife laws, animal cruelty laws, and the Washington and federal Endangered Species Acts. Plaintiff also argues that defendant has created a public nuisance, which is a nuisance that “affects equally the rights of an entire community or neighborhood, although the extent of that damage may be unequal.” Generally, conduct the Washington legislature has named a public nuisance relating to animals are those which have an adverse impact on public land, such as improper discharge of pollution or animal carcasses, or other interferences with public enjoyment of land and public safety. None of these nuisances reference any animal cruelty laws and no animal protection statues name a nuisance as a violation of those laws. However, plaintiff argued that they have demonstrated that defendant is in violation of animal cruelty and wildlife laws, and asked the court to name the violation of these laws as a public nuisance per se. The court found that previous cases regarding public nuisance claims limit those claims to instances of property infringement or threats to public health and safety. Accordingly, the court held that defendant’s alleged violation of the wildlife, animal cruelty, and endangered species laws, did not constitute a public nuisance. |
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American Dog Owners Ass'n v. City of Yakima |
In this Washington case, plaintiff brought suit against the City of Yakima challenging an ordinance that banned “pit bulls” dogs. The Superior Court, Yakima County, granted city's motion for summary judgment, and plaintiffs appealed. Plaintiffs first argued that the ordinance is vague because a person of ordinary intelligence cannot tell what is prohibited. The Supreme Court disagreed, finding that the City used adequate standards for identification in the professional standards and illustrations to show that a particular dog meets the professional standard. Thus, the Court found that the ordinance gave sufficient notice of what was conduct prohibited. Summary judgment for the City was affirmed.
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