|
Morgan v. State |
Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff. Defendant was convicted in a jury trial of cruelty to animals. He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property. The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be.
|
|
N.E. GA. PET RESCUE, INC. and DONALD L. GILBERT, plaintiffs v. ELBERT COUNTY, defendant |
In this Georgia case, plaintiff ran a pet rescue out of his home. Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance.
|
|
Overview of Georgia Great Ape Laws |
This is a short overview of Georgia Great Ape law. |
|
Phillip v. State |
Defendant was sentenced to 17 years imprisonment after entering a non-negotiated guilty plea to 14 counts of dogfighting and two counts of aggravated cruelty to animals. Upon motion, the Court of Appeals held that the sentence was illegal and void because all counts, which were to run concurrently, had the maximum prison sentence of five years.
|
|
Pless v. State |
In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. On appeal, the appellate court affirmed the defendant's conviction with the exception of that portion of his sentence requiring him to reimburse the county for his court-appointed attorney fees. The Supreme Court of Georgia, however, reversed the appellate court's holding and ruled that the trial court was authorized to impose the reimbursement of attorney fees as part of the sentence. On remand, the appellate court vacated that portion of its opinion that reversed the imposition of attorney fees and adopted the Supreme Court's opinion as its own; all other respects of the appellate decision, Pless v. State,
633 S.E.2d 340 (Ga. App., 2006),
remain undisturbed.
|
|
Pless v. State |
In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. Defendant appealed, challenging the sufficiency of the evidence. The appellate court found that the evidence showed that in the months prior to the July 14 and August 1 incidents, Pless's dogs were repeatedly found loose in neighbors' yards and garages. Accordingly, evidence supported the conviction on the charge of allowing an animal to become a public nuisance under § 3-4-7(5). ("Public nuisance" is defined, among other things, as any animal which "[i]s found repeatedly at large."). On certiorari review, the Georgia Supreme Court in
State v. Pless, 646 S.E.2d 202 (Ga. 2007)
reversed judgment of Pless v. State, 633 S.E.2d 340 (Ga. App. 2006), and the case was then sent to
Pless v. State, 648 S.E.2d 752 (Ga. App. 2007)
on remand.
|
|
Ranwez v. Roberts |
In this Georgia case, after sustaining severe injuries inflicted during a vicious attack by four pit bulls, Helene Ranwez sued her tenant neighbor and the owner of the rental property, Scott Roberts. The crucial question in this case was whether an out-of-possession landlord has liability for a tenant's dog bite. Roberts contended that because he had relinquished possession and control of the premises to his tenant, Glenn Forrest, he could not be held liable for Ranwez's injuries as a matter of law. In affirming the trial court's decision, the appellate court held that an out-of-possession landlord's tort liability to third persons is subject only to the statutory provisions of OCGA § 44-7-14, which makes it clear that a landlord who relinquishes possession of the premises cannot be liable to third parties for damages arising from the negligence of the tenant.
|
|
Ranwez v. Roberts |
Plaintiff brought claims against her tenant neighbor and the property owner after she was viciously attacked by her tenant neighbor's four pit bulls. The trial court granted summary judgment in favor of the property owner. The Court of Appeals affirmed the decision holding the property owner was an out-of -possession landlord.
|
|
Roper v. Greenway |
The Georgia Supreme Court granted a writ of certiorari to the Court of Appeals in
Greenway v. Northside Hosp., Inc
., 317 Ga.App. 371, 730 S.E.2d 742 (2012), to determine if the Court erred in finding that the deputy involved in that case was entitled to official immunity in connection with the euthanization of two dogs. The plaintiff-dog owner sued a hospital, animal control officers, and sheriffs after he was pressured to sign a release form to euthanize his dogs when he was admitted to the hospital. The Court of Appeals reversed the lower court's ruling of summary judgment for Roper, the hospital, and the animal shelter operator. Specifically, the Court of Appeals found that the doctrine of official immunity insulated Roper from liability from his decision to ask Greenway to sign the form, but not from the actual execution of that decision. In the instant action, the Supreme Court reversed the Court of Appeals' judgment and remanded the case for further proceedings. The court noted that whether Roper's actions were malicious were beyond the scope of this writ of certiorari.
.
|
|
Rowlette v. Paul |
This Georgia case involved a dog bite to a person who went to went to the Pauls' house in order to verify and update information for the Oglethorpe County Tax Assessor's Office. The court held that in the absence of any evidence showing that the owners of a dog had knowledge, prior to a mauling incident, that their dog had ever bitten another human being, the owners of the dog were not liable to the victim even though the dog's presence on the premises where the incident occurred was in violation of the county leash law. In order to support an action for damages under OCGA § 51-2-7, it is necessary to show that the dog was vicious or dangerous and that the owner had knowledge of this fact.
|
