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In the Matter of a Protective Order for Jean Marie Primrose (2005)

Plaintiff's Attorney:   Margaret H. Leek Leiberan

Defendant's Attorney:   Jean Marie Primrose, per se

Case File #:   21840

Jurisdiction:   Oregon

Year Case Filed:   2005


Printible Version



This series of actions stemmed from the seizure of 11 cats from Jean Marie Primrose from her Linn County, Oregon home.  The cats were neglected, thin, and missing patches of hair when they were removed from Ms. Primrose's home and placed in the custody of Cat Champion, a non-profit rescue organization.  Ms. Primrose was charged with criminal animal neglect in the second degree, but the trial court dismissed those charges because she was found incompetent due to a cognitive impairment.  Because the case was dismissed, the cats were not forfeited by law and Primrose remained the rightful owner.  Further, Cat Champion had incurred a $32,510 debt in caring for the animals.  In lieu of returning the cats to Ms. Primrose, who Cat Champions felt was incapable of adequately caring for them, Cat Champions filed a petition for a limited protective order as a fiduciary for the care and placement of the cats.  The probate court ruled against Cat Champions, finding that nothing in the relevant chapter allowed the court to permanently divest Ms. Primrose of her personal property (the cats).  On appeal, the Oregon Court of Appeals overturned the lower court's order and held that the probate court did indeed have authority to enter a limited protective order under ORS 125.650 as a "fiduciary necessary to implement a protective order."

 

Appellant's Brief and Excerpt of Record (pdf file - 3.56 MB)

Appellant's Brief Part 2 (pdf file - 1.22 MB)

Petition for Limited Protective Order Regarding Respondent's Property: Cats (07/01/2005) (pdf file - 789.73 KB)

Order from Oregon Court of Appeals (12/27/2006) (pdf file - 860.01 KB)

Linn County, Oregon Circuit Court (Probate) Order Granting Limited Protective Order 05/01/2007 (pdf file 106.21 KB)

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