Results
Title |
Citation | Alternate Citation | Summary | Type | |
|---|---|---|---|---|---|
| Winkler v. Colorado Dept. of Health | 564 P.2d 107 (Colo. 1977) | 193 Colo. 170 (1977) |
In 1974, the Colorado Department of Health adopted certain regulations, the conceded effect of which is to prohibit importation of pets for resale from states whose licensing laws and regulations for commercial pet dealers are not as stringent as those of Colorado. The regulations exempt from this prohibition persons who import pets not for resale and exclusively for breeding purposes or for personal use. After the regulations were upheld by the Denver district court, the plaintiffs, who are commercial pet importers, brought this appeal. The court found these arguments to be unpersuasive and, accordingly, affirmed the judgment of the trial court. |
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| Wolf Timeline hmtl |
Pre 1930’s |
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| Wolf v. Taylor | 197 P.3d 585 (Or. App., 2008) | 224 Or. App. 245 (2008) | This action comes as part of the dissolution of the parties' domestic partnership. The parties had entered into a settlement agreement, which included a provision granting full ownership of Mike, the couple's dog, to Taylor, so long as he agreed to grant Wolf visitation with Mike. Approximately one month later, Wolf had second thoughts and moved to rescind the entire agreement based on the invalidity of the dog visitation provision. Wolf asserts the provision is invalid because it attempts to grant visitation with an item of personal property, and is impossible to perform. This court only answered the question whether invalidity of the dog visitation provision would invalidate the entire agreement, which they answer in the negative because of the severability provision included in the agreement. | Case | |
| Wolff v. State | 87 N.E.3d 528 (Ind. Ct. App. 2017) | 2017 WL 5163662 (Ind. Ct. App. Nov. 8, 2017) | This Indiana case addresses the status of animals seized in conjunction with a criminal animal cruelty case. Specifically, the appeal addresses whether the trial court erred in granting a local animal rescue the authority to determine disposition of the seized animals. The animals were seized after county authorities received complaints of animal cruelty and neglect on defendant's property in late 2016. As a result of the charges, five horses, two mules, and two miniature donkeys were impounded and placed with a local animal rescue. Following this, the state filed a notice with the court that estimated costs of continuing care for the impounded animals. About a month later, the state filed an Amended Motion to Determine Forfeiture/Disposition of Animals, requesting the trial court issue an order terminating defendant's ownership rights in the animals. Alternatively, the state requested that defendant could seek to have his posted bond money apportioned to cover the costs associated with the animals' care. The court ultimately entered an order that allowed the rescue agency full authority to determine disposition of the animals after defendant failed to respond. In his current appeal of this order, defendant first claims that the trial court erred in giving the animal rescue such authority because defendant paid $20,000 in bail. The appellate court found that this money was used to secure defendant's release from jail and he did not request that the jail bond be used for the care of the animals. The court found that the legislature clearly intended the bail and bond funds are used for "separate and distinct purposes," so there was no way for the trial court to automatically apply this money to the animal care costs. Defendant had to affirmatively exercise his rights concerning the disposition of the animals pending trial, which he failed to do. As to defendant's other issue concerning an investigation and report by a state veterinarian, the appellate court found defendant waived this issue prior to appeal. The decision was affirmed. | Case | |
| Womack v. Von Rardon | 135 P.3d 542 (Wash. 2006) |
In this Washington case, a cat owner sued a minor and his parents after the minor set her cat on fire. While this Court found that the trial court correctly granted summary judgment with respect to Ms. Womack's private nuisance, tort outrage, and statutory waste claims, it held that the lower court incorrectly calculated the measure of damages. Noting that the Division 2 Appellate Court left open the question of emotional distress damages where a pet has been maliciously injured in Pickford v. Masion , 124 Wash.App. 257, 262-63, 98 P.3d 1232 (2004), this Court held that the general allegations include sufficient facts to find both malicious conduct toward Ms. Womack's pet and her resulting emotional distress. Thus, "[f]or the first time in Washington, we hold malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages." |
Case | ||
| Woods v. KittyKind, Inc. | 2005 WL 1404712 (N.Y.Sup.,2005 (not reported)) | 2005 N.Y. Slip Op. 50911(U); 801 N.Y.S.2d 782 (table only) |
The court granted the plaintiff's motion for an animal shelter to disclose the identity of her lost cat's adopter because the plaintiff alleged that the shelter did not comply with the law and its transfer of ownership was therefore invalid. |
Case | |
| Woodside Village v. Hertzmark | 1993 WL 268293 (Conn. 1993) | 4 NDLR P 104 | The question in this case is whether federal and state laws outlawing discrimination in housing prohibit the eviction of a mentally disabled defendant from his federally subsidized apartment because of his failure to comply with the plaintiff's pet policy. The plaintiff here had disabilities including schizophrenia and severe learning disabilities. The plaintiff-landlord allowed tenants to keep pets, but required pet care, which included walking the dogs in a designated area and requiring that tenants use a "pooper scooper" to clean up behind their pets. The tenant-defendant here does not dispute that he failed to comply, but claims the plaintiff-landlord, as a recipient of federal funds, failed to reasonably accommodate his disability. The court found that plaintiff-landlord did in fact accommodate the defendant-tenant's disability by either waiving the provisions of its pet policy or permitting the defendant to build a fenced in area for the dog in the rear of the defendant's apartment. The eviction here was not based on the fact that defendant-tenant possesses a dog, but on his "demonstrated inability to comply with the plaintiff's pet policy." This, said the court, put other residents' health, safety and comfort at risk. | Case | |
| World Law |
The Animal Legal & Historical Center houses laws, cases, and scholarly discussions on animal law topics from across the globe. See the different ways to access materials from different countries and regions below. |
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