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O'Keefe v. Stevenson |
In this case, the plaintiffs appealed a Zoning Board that granted their neighbor a special permit allowing four dogs to be kept at Ms. Sullivan's home. The dogs—pedigreed Eurasiers—are Ms. Sullivan's personal pets and live with Ms. Sullivan inside her house, have someone with them at all times, and spend most of their time indoors. When they are outside, they are confined to a chain-link fenced-in area behind the house. The permit has some conditions that must be met for the dogs to remain on the property, one of which is the dogs not become a nuisance. The court affirmed the grant of the special permit based on the testimony and exhibits admitted at trial after assessing the credibility, weight, and appropriate inferences to be drawn from that evidence. The Board's decision granting the special permit was AFFIRMED. |
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PA - Dog - § 550. General immunity from noise |
This Pennsylvania statute provides that all owners and operators of dog training and special retriever training areas licensed by the Pennsylvania Game Commission shall be exempt and immune from any civil action or criminal prosecution in any manner relating to noise provided they were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training area was authorized. |
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PA - Kennels - § 551. Nuisances and injunction |
This Pennsylvania statute provides that the owners or operators of licensed dog training areas shall not be subject to any action for nuisance, and no court in this Commonwealth shall enjoin the use or operation of training areas on the basis of noise or noise pollution, provided that the owners were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training areas was authorized. |
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Ray and Marie Powers v. Wesley and Mary Tincher |
While plaintiff’s complaint and demand focus on the threats and alleged actions of trespass by defendants, the Common Pleas Court’s decision focuses instead on the defendant’s request for injunctive relief based on a nuisance violation. Specifically, defendants apparently alleged that plaintiff’s keeping of over one hundred roosters constituted a private nuisance. Relying on a case of similar facts, the court held that plaintiffs’ keeping of over one hundred roosters for the purpose of cockfighting constituted a private nuisance.
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RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats |
These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification. |
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Robert Zauper, Plaintiff v. Michael Lababit and Jane Doe Lababit, and the marital community comprised thereof; and Does 1-10, De |
This Kitsap County, Washington judgment summary, findings of fact, and conclusions of law found defendants liable for five claims including simple negligence, strict liability, private nuisance, public nuisance, and gross negligence. In the award of damages, plaintiff received a total judgment in the amount of $75,501.09, which included $50,000 for intrinsic value and $25,000 for emotional distress.
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Spencer Creek Pollution Control Ass'n v. Organic Fertilizer Co. |
This is a nuisance case involving the operation of a cattle feed lot. Plaintiff sued to enjoin feed lot operators from interfering with use and enjoyment of plaintiffs' property asked for damages. The circuit court rendered judgment and defendant appealed. The Supreme Court held that decree limiting defendants to having no more than 600 head of cattle on its feed lot at one time was reasonable.
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UT - Nuisance Animals - Chapter 18. Furbearers. |
These Utah statutes require a furbearer license to take furbearers, except for red fox, striped skunk, or beavers that are doing damage to private property (with authorization). Fur dealers must have a fur dealer certificate of registration from the Division of Wildlife Resources. |
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VA - Nuisance animals - § 29.1-517. Trapping and shooting of fur-bearing animals during closed season |
This Virginia law states that a landowner may shoot fur-bearing animals upon his own land during closed season when these animals are causing damage to crops or property, or are posing a threat to human health or safety, or are otherwise causing a nuisance. |
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VT - Ordinances - § 2291. Enumeration of powers (dog ordinances) |
This Vermont statute provides that, for the purpose of promoting the public health, safety, welfare and convenience, a town, city or incorporated village shall have the power to regulate the keeping of dogs, and to provide for their leashing, muzzling or restraint. |
