Breeding or Puppy Mills

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Titlesort descending Summary
Kohl v. New Sewickley Tp. Zoning Hearing Bd.

Applicants sought a zoning variance to operate a nonprofit dog-rescue shelter. The zoning board denied the application, concluding that the dog-rescue operation run by applicants was a non-permissible “kennel” under the township's zoning ordinance. Applicants appealed to a trial court. The trial court determined that because applicants did not receive “economic gain” or a profit for their efforts, their dog-rescue operation was not a “kennel” and, therefore, was not a prohibited land use under the zoning ordinance. The trial court therefore reversed the zoning board's order. Intervenors, the applicants’ neighbors, appealed from the trial court's decision. Upon review, the Commonwealth Court of Pennsylvania concluded that the term “kennel,” as used in the zoning ordinance, was ambiguous, and had to be construed in favor of applicants to find that applicants' operation of a large dog rescue facility on their property did not constitute the operation of a kennel. The appeals court therefore affirmed the trial court's decision.
KS - Breeders - Article 18. Animal Facility Inspection Program-License and Registration Fees These Kansas regulations set out the fees schedule for licenses, such as animal breeder premises license. Under the regulations, premises that are licensed are subject to routine inspections to determine compliance with the regulations.
KS - Pet Sales - Chapter 47. Livestock and Domestic Animals. The following statutes comprise Kansas' Pet Animal Act. The Act outlines the requirements for pet shop operator licensing and animal dealers.
Loy v. Kenney The background of the case involves buyers who sued alleged sellers of dogs for falsely advertising their pets as healthy when they were actually sick and died soon after. The buyers claimed that this violated the Consumers Legal Remedies Act. The Superior Court in Los Angeles County granted the buyers' motion for a preliminary injunction, which prevented the sellers from selling or advertising dogs. However, the sellers appealed this decision. The sellers' main issue at the the Court of Appeal was whether there was sufficient evidence to support the claim that the buyers purchased the puppies in question from the sellers. The court found relying on the buyers' declarations to establish the sellers' identities did not result in any harm. In addition, the buyers had provided adequate evidence to support their allegations that the puppies had been dyed brown. The court found the objections raised by the sellers regarding the evidentiary foundations for allegations relating to the dogs' ages, vaccinations, and causes of death were not relevant to the preliminary injunction. Substantial evidence existed to suggest that the buyers would likely succeed in their claim against the sellers and the balance of harms favored granting the preliminary injunction. Lastly, the sellers' persistence in their routine indicated that the public interest favored the grant of the preliminary injunction. Therefore, the Court of Appeal affirmed the decision.
Loy v. Kenney This is a case brought by purchasers of puppies from breeders advertising on Craigslist, against the breeders who were selling fatally sick puppies to these buyers. The buyers allege that the sellers misrepresented the puppies as healthy, when the dogs were actually too young to be separated from their mothers and many of these puppies ended up dying from illnesses such as parvovirus. The buyers brought suit for violation of the Consumers Legal Remedies Act, and for animal cruelty. The trial court granted a preliminary injunction to stop the sellers from advertising and selling dogs while trial was pending. This appeal followed, with the sellers arguing that there was insufficient evidence to show that they were the sellers of these sick puppies. However, the court of appeals affirmed. The court found that the evidence from the humane officer’s search of the seller’s home led to sufficient evidence that they were selling the sick puppies, including the seizure of 32 puppies and dogs living in unhealthy and cruel conditions. The puppies were being separated from their mothers too soon, and some were encrusted with feces. During the search, one of the sellers also told the officer that they would not stop selling puppies. Sellers attempted to raise several evidentiary objections to the evidence offered by the humane society officers, but all were rejected. Accordingly, the judgment was affirmed and awarded costs to the buyers who brought the action.
Luper v. City of Wasilla


Plaintiff appealed a grant of summary judgment in favor of the City of Wasilla, Alaska's enforcement action over zoning ordinances. The facts stem from the City's denial of plaintiff's application for a use permit in 2005 to run an eighteen-dog kennel. Plaintiff argued on appeal that Wasilla's former three-dog limit infringed on her property rights in both her land and her dog. This court agreed with the lower court that the provision here bore a "fair and substantial relationship" the government purposes of controlling dog noise, reducing dog odor and pollution, and preventing loose dogs. Further, the court found that it was not reasonable for the plaintiff to rely on the city clerk's statement that she only needed a kennel license to operate a hobby kennel.
MA - Pet Sales Age Restriction - Chapter 129. Livestock Disease Control This statute provides that any dog or cat brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian, a copy of which shall be sent to the commissioner of agricultural resources. Further, a commercial establishment, pet shop, firm or corporation shall not import into the commonwealth, for sale or resale in the commonwealth, a cat or dog less than 8 weeks of age.
MA - Pet Shop - Chapter 12.00: Licensing and Operation of Pet Shops. These Massachusetts regulations provide provisions regarding the licensing and operation of pet stores; the licensee's responsibility towards the animals within the pet store; the licensee's restrictions on animal sales; and the government's inspection of the pet store's premises, amongst other topics.
Martin v. Columbia Greene Humane Society, Inc.


A dog breeder was required to abstain from selling dogs for three years or else criminal charges would be reinstated for failing to file health certificates for the dogs they sold or report deaths due to contagious diseases.  The breeder brought claims for malicious prosecution, tortious interference with a business relation, and section 1983 violations.  The trial court denied defendants motion to dismiss and the Court of Appeals affirmed in part holding the complaint failed to state a claim for malicious prosecution and the humane society volunteer was entitled to statutory immunity as an unpaid officer of a not-for-profit corporation.  
MD - Pet Sales - Pet Purchaser Protection In 2020, Maryland revamped this chapter on the retail sale of cats and dogs. Under the amendments, a retail pet store may not offer for sale or otherwise transfer or dispose of cats or dogs. This section may not be construed to prohibit a retail pet store from collaborating with an animal welfare organization or animal control unit to offer space for these entities to showcase cats or dogs for adoption. The changes effectively nullified the state's pet purchaser protection act. Violation of the chapter is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article.

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