United States
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| Hoffmann v. Marion County, Tex. | Plaintiffs operated a derelict-animal “sanctuary” on their ten-acre property in Marion County, Texas, where they held over one hundred exotic animals, including six tigers, several leopards, and a puma. Plaintiffs were arrested and charged with animal cruelty and forfeited the animals. Afterward, plaintiffs sued many of those involved in the events under a cornucopia of legal theories, all of which the district court eventually rejected. On appeal, plaintiffs argued Marion County and the individual defendants violated their Fourth Amendment rights by illegally searching their property and seizing the animals. The court held, however, that government officials may enter the open fields without a warrant, as the defendants did here, because “an open field is neither a house nor an effect, and, therefore, the government's intrusion upon the open fields is not one of those unreasonable searches proscribed by the text of the Fourth Amendment.” One plaintiff further alleged violation of the Americans with Disabilities Act; however, the court dismissed this claim because the plaintiff failed to allege how he was excluded from a government benefit or effective service as a result of not having an interpreter during the investigation or arrest. The other claims were either dismissed for lack of jurisdiction, not being properly appealed, or not stating a proper cause of action. The district court’s grant of summary judgment was therefore affirmed. |
| Hog Confinement Operations in Iowa | |
| Hogan v. Hogan | This case is an appeal of a judgment granting an Alabama divorce. With regard to animal law, the husband argues on appeal that the trial court erred in awarding the wife the couple's two dogs. Specifically, the husband argues that one of the dogs was given to him as a gift and is therefore his separate property. He also suggests that because the dogs lived with him since his wife moved out of the marital property (from 11/2012 until 02/2015), he is the "proper owner" of the dogs. While this court noted that evidence concerning ownership was disputed at trial, the evidence is undisputed that the wife entered the marriage with one of the dogs. The second dog was given to both parties by the wife's niece. In examining Alabama law, the court observed that it has long been held that dogs are property. Thus, evidence of ownership can come from documentary title (like a dog license or registration) or possession. Here, the court was persuaded by the testimony that when the wife moved out, she moved into an apartment and was unable to take the dogs with her. No evidence was presented that the wife's circumstances changed to allow her to keep the dogs, and there was no showing that the wife sought court intervention to regain possession of the dogs. Thus, the court stated the following: "Based on the presumption stated in Placey, supra, that the ownership of a pet is presumed to be in the person who possesses it, and given the wife's failure to present evidence indicating that she was in a position to take the dogs, we conclude that the evidence does not support the trial court's decision to award the dogs to the wife. Accordingly, that portion of the judgment awarding the dogs to the wife is reversed." |
| Hohenstein v. Dodds |
This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs. Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera. The court held that a n expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible. Further, a n expert witness may not include the opinion of another expert witness as basis for his own opinion. |
| Holcomb v. City and County of Denver |
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| Holcomb v. Colonial Associates, L.L.C. |
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| Holcomb v. Long |
In this case, Michael Holcomb filed a civil action against Charles Long alleging that Long’s negligence in saddling one of the horses that he owned resulted in Holcomb falling from the horse and suffering serious injuries. The trial court granted summary judgment in favor of Long holding that he was entitled to civil immunity under Georgia’s Injuries From Equine or Llama Activities Act. Holcomb appealed the trial court’s decision arguing that Long’s negligence was not covered by the act. The court of appeals reviewed the case and affirmed the trial court’s decision. The court of appeals determined that the issue with the saddle that caused Holcomb to fall did not fall under any of the exceptions under the Act that would allow Long to be civilly liable. As a result, the court of appeals affirmed the grant of summary judgment for Long. |
| Hollendale Apartments & Health Club, LLC v. Bonesteel | The Plaintiff owns and operates an apartment complex with a policy that prohibits defendants from keeping a dog on the premises. The Defendant, Bonesteel, began renting an apartment at Plaintiff's complex in 2011 under a one-year lease. Defendant continued to renew his one-year lease for additional one-year terms until 2014. Defendant's therapist sent a letter to the Plaintiff requesting an exception to the no dog policy so that the Defendant could have an emotional support animal. The Plaintiff denied the request but stated that it would allow a bird or cat or an early termination of Defendant's lease. The Plaintiff filed an action seeking a judgment declaring that the Plaintiff's refusal to permit the Defendant to have an emotional support dog was not in violation of the Fair Housing Act (FHA) and the Human Rights Law (HRL). The Plaintiff subsequently reduced the Defendant's lease renewal term to three months. The Defendant filed counterclaims on grounds of discrimination. The Supreme Court of New York also granted a motion allowing the Attorney General to intervene. The Attorney General asserted counterclaims on similar grounds to those raised by the Defendant. After a nonjury trial, the trial court issued a judgment that the Plaintiff's actions did not violate the FHA and the HRL. The Defendant then appealed. On appeal, the Supreme Court addressed the question of whether the Plaintiff's claims were justiciable even though the matter was not raised by the parties. Since the Plaintiff had already denied the Defendant's request for an exception to the policy when it filed the action and no harm to the Plaintiff occurred or was impending, it was essentially asking the Court to issue an advisory opinion which is not an exercise of judicial function. Therefore, the Court dismissed the Plaintiff's declaratory judgment. The Court then considered the Defendant's counterclaims since concrete injuries were alleged. The only two arguments addressed were whether the Defendant actually had a qualifying disability within the meaning of the FHA and the HRL and whether the accommodation requested was necessary to afford the Defendant an equal opportunity to use and enjoy his dwelling. The Court concluded that the Defendant met his burden to establish that he is disabled within the meaning of the FHA and HRL. The Court also found that the Defendant "offered sufficient evidence that having an emotional support dog would affirmatively enhance his quality of life by ameliorating the effects of his disability, and thus demonstrated necessity within the meaning of the FHA and the HRL." Lastly, the Court found that the Plaintiff retaliated against the Defendant by reducing his lease renewal terms to three months. Accordingly, Defendant was entitled to judgment in his favor on the retaliation counterclaims. |
| Holt v. City of Sauk Rapids | Sauk Rapids, Minnesota passed a city ordinance limiting the number of dogs that could be kept in a residential home. The appellants were dog owners, breeders, and Ms. Holt, who also rescued Newfoundland dogs help find new homes for them. The lower court held that the ordinances were unconstitutional, but the city appealed and on appeal the court reversed the finding. Minnesota law granted the municipality the authority to regulate public and private property, including regulating the keeping of dogs on residential property. City Hall received many complaints concerning dogs, so the Sauk Rapids ordinance was introduced by the mayor to address issues with dog odor and noise. Because limiting the number of dogs can reduce odor and noise, the court found that there was a rational relationship between the ordinance and reducing the problems associated with the dogs. The dog owners failed to show that the ordinance was unreasonable. The constitutionality was upheld because the ordinance was rationally related to the health, safety, and general welfare of the community as affected by dogs. |
| Honeycutt v. State Farm Fire & Casualty Co. |
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