|
Mississippi Bluff Motel Inc. v. Rock Island County |
The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge. The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people. Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit. For further discussion on the federal Bald and Golden Eagle Protection Act, see
Detailed Discussion of Eagle Act
.
|
|
Mississippi State University v. People for Ethical Treatment of Animals, Inc. |
PETA, an animal rights group, sought disclosure of records pursuant to the Public Records Act from Mississippi State University regarding the IAMS's company care of animals used in research, which was conducted at university. After the lower court granted the request, the University and company appealed. The Supreme Court of Mississippi held that substantive portions of company's Institutional Animal Care and Use Committee protocol forms were exempt from disclosure under the Public Records Act. The court found that PETA failed to rebut the evidence presented by MSU and Iams that the data and information requested in the subject records constituted trade secrets and/or confidential commercial and financial information of a proprietary nature developed by MSU under contract with Iams. Therefore, the data and information requested by PETA is exempted from the provisions of the Mississippi Public Records Act.
|
|
Missouri ex rel. Koster v. Harris |
After California passed Proposition 2 to mandate more humane housing standards for egg laying hens, the state then passed Assembly Bill 1437 to extend the applicability of Proposition 2’s standards to out of state egg producers. In response, six states, Missouri, Nebraska, Oklahoma, Alabama, Kentucky, and Iowa, filed suit against the Attorney General of California seeking to block enforcement of the regulations before they went into effect. The states asserted parens patriae standing on behalf of the egg producers within their borders that would face increasing production costs as a result of compliance with the requirements of Proposition 2 and Assembly Bill 1437. The district court dismissed the case with prejudice, finding that plaintiffs lacked standing. On appeal, the court found that plaintiffs failed to establish an interest apart from those of private egg producers within their borders, and acknowledged that those private egg producers could file a claim themselves. The allegations about the potential economic impact of the regulations were also found to be speculative, since the regulations had not yet gone into effect. Lastly, the court held that the regulations themselves are nondiscriminatory, since they apply to in state egg producers as well. However, because plaintiffs could file an amended complaint after the regulations go into effect that may be sufficient to establish standing, the case was dismissed without prejudice. |
|
Missouri Farmers Ass'n v. Kempker |
Missouri Farmers Association sued a dairy farmer on account and notes. The farmer counterclaimed, alleging that Association had supplied defective feed. The Supreme Court held that farmer's recovery for diminution in cows' value did not preclude recovery for loss of milk and calf production. However, the farmer failed to sufficiently link the feed to his damages, so his evidence of lost profits was speculative, which prevented recovery.
|
|
Missouri Pet Breeders Association v. County of Cook |
Cook County passed an ordinance that required a “pet shop operator” to only sell animals obtained from a breeder that (among other requirements) held a USDA class “A” license and owned or possessed no more than 5 female dogs, cats, or rabbits capable of reproduction in any 12-month period. Plaintiffs, a professional pet organization and three Cook County pet shops and their owners, sued Cook County government officials, alleging that the ordinance violated the United States and Illinois Constitutions. Defendants moved to dismiss the action. After concluding that plaintiffs had standing to pursue all of their claims, with the exception of the Foreign Commerce Claim, the Court granted the defendants' motion to dismiss all claims, but gave Plaintiffs a chance to cure their complaint's defects by amendment.
|
|
Missouri Primate Foundation v. People for Ethical Treatment of Animals, Inc. |
This matter is a motion of counterclaim by defendants Missouri Primate Foundation to dismiss PETA's (the counterclaim plaintiff) assertion that two chimpanzees were being held in conditions that deprived the chimpanzees of adequate social groups, space, and psychological stimulation, putting them at risk of and causing physical and psychological injury, such as deteriorated cardiovascular and musculoskeletal health, stress, anxiety and depression. PETA also alleges that the chimpanzees were denied a sanitary environment, proper ventilation, a healthy diet, and adequate veterinary care. PETA claimed that the Missouri Primate Foundation (MPF) (the counterclaim defendants) were holding the two chimpanzees in conditions that “harm” and “harass” the chimpanzees, thus violating the “take” prohibition of the Endangered Species Act (ESA). MPF's motion contends that PETA’s counterclaim is based on allegations that they failed to comply with the Animal Welfare Act, not the ESA. MPF further contends that because the chimpanzees at its facility were lawfully in captivity and under the auspices of the AWA as administered by the USDA–APHIS, so the chimpanzees cannot be subject to a “take” under the ESA. They further argued that PETA lacked standing as the AWA preempts or supersedes the ESA as to animals held at USDA licensed facilities. Because the AWA does not allow citizen suits, MPF argued, the case must be dismissed. After examining similar cases, this court concluded that claims under the AWA and ESA are complementary and do not conflict, and that the ESA protects captive animals regardless of whether the alleged violator is an AWA licensed entity. The court found that the allegations by PETA are sufficient at this stage of the case and issues of proof are reserved for trial. As such, the court denied the motions of the counterclaim defendants. |
|
Missouri v. Holland |
This was a bill in equity brought by the State of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, c. 128, 40 Stat. 755, and the regulations made by the Secretary of Agriculture in pursuance of the same. The ground of the bill is that the statute is an unconstitutional interference with the rights reserved to the States by the Tenth Amendment. While the court recognized the states' province to act in traditional matters of fish and game, the migratory nature of wild birds makes them the proper subject of treaty. As noted by the Court, "[t]he subject matter is only transitorily within the State and has no permanent habitat therein." The Court found the treaty was a proper exercise of constitutional authority where a national interest was implicated (i.e., "the protectors of our forests and our crops") and could only be protected by national action in concert with another power.
|
|
Missouri Veterinary Medical Bd. v. Gray |
An unlicensed Missouri equine dentist (Brooke Rene Gray) appeals an order from the circuit court enjoining and prohibiting her from doing business as "B & B Equine Dentistry," where she performed equine tooth floating and other acts. In 2007, the Missouri Veterinary Medical Board informed Ms. Gray that she was violating Missouri law by practicing veterinary medicine without a license. After she did not cease her activities, the Board referred the matter to the Attorney General, who then filed a petition on behalf of the Board to enjoin Ms. Gray's activities. On appeal, Ms. Gray contends that the court order violates the Missouri Constitution, which guarantees all citizens the right to enjoy the "gains of their own industry." The court disagreed, finding that the State has a strong interest in regulating practices that involve public safety as is the case with veterinary medicine.
|
|
Mitchell v. Heinrichs |
Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property. In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness. With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value. However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.
|
|
Mitchell v. Snider |
This is a case of an unmarried, co-habitating couple that jointly bought a dog and now dispute who should have the dog after the relationship has terminated. Mitchell brought this replevin action against his girlfriend, Snider, to recover possession of Django, their black lab. This court recognized the traditional way to treat such a case is to consider which party has superior possessory right to the dog. However, modern courts have started to recognize a special category of property in pets and have used a 'best for all concerned' analysis to decide who gets the animal. In this case, the court grants judgment for Snider in part because she had been solely responsible for the dog's care for the previous 20 months. No money was awarded to Mitchell because the expenses he paid were an expression of the parties' mutual love and desire to care for the dog. |
