Louisiana

Displaying 81 - 82 of 82

Title Summary

Wallen v. City of Mobile Wallen appeals her convictions for six counts of violating Mobile, Alabama's public nuisance ordinances. The nuisance convictions stem from an anonymous complaint about multiple barking dogs at Wallen's property. After receiving the tip in March of 2016, an animal control officer drove to the residence, parked across the street, and, as he sat in his car, heard dogs bark continuously for approximately ten minutes. That same day, a local realtor went to house that was for sale behind Wallen's property and heard an "overwhelming" noise of dogs barking continuously for 30-45 minutes. For almost a year, officers received complaints about noise coming from Wallen's house. In May of 2017, Wallen entered a plea of not guilty for multiple charges of violating the public nuisance ordinance in Mobile Circuit Court. She also filed a motion to dismiss, arguing that the Mobile City Code was unconstitutionally vague. Her motion was later denied, and a jury trial was held where Wallen was found guilty of six counts of violating Mobile's public-nuisance ordinance. On appeal, Wallen first argues that the public nuisance ordinance is unconstitutionally overbroad because it regulates without reference to time, place, and manner. However, the court found that Wallen did not establish how the overbreadth doctrine applied to her case and how the ordinance was unconstitutional. As to her next vagueness challenge, Wallen contended that the ordinance had no objective standards to determine whether a dog's barking is disturbing or unreasonable. This court disagreed, finding the statute defines what are "disturbing noises" (which specifically states barking), and other courts previously established that the term "habit" in a dog-barking statute is not vague. Finally, the found that Wallen's last general argument, that the code is unconstitutional as applied to her, did not satisfy court rules with respect to issues presented and support with authority on appeal. The judgment of the lower court was affirmed.

Title	Summary
Wallen v. City of Mobile	Wallen appeals her convictions for six counts of violating Mobile, Alabama's public nuisance ordinances. The nuisance convictions stem from an anonymous complaint about multiple barking dogs at Wallen's property. After receiving the tip in March of 2016, an animal control officer drove to the residence, parked across the street, and, as he sat in his car, heard dogs bark continuously for approximately ten minutes. That same day, a local realtor went to house that was for sale behind Wallen's property and heard an "overwhelming" noise of dogs barking continuously for 30-45 minutes. For almost a year, officers received complaints about noise coming from Wallen's house. In May of 2017, Wallen entered a plea of not guilty for multiple charges of violating the public nuisance ordinance in Mobile Circuit Court. She also filed a motion to dismiss, arguing that the Mobile City Code was unconstitutionally vague. Her motion was later denied, and a jury trial was held where Wallen was found guilty of six counts of violating Mobile's public-nuisance ordinance. On appeal, Wallen first argues that the public nuisance ordinance is unconstitutionally overbroad because it regulates without reference to time, place, and manner. However, the court found that Wallen did not establish how the overbreadth doctrine applied to her case and how the ordinance was unconstitutional. As to her next vagueness challenge, Wallen contended that the ordinance had no objective standards to determine whether a dog's barking is disturbing or unreasonable. This court disagreed, finding the statute defines what are "disturbing noises" (which specifically states barking), and other courts previously established that the term "habit" in a dog-barking statute is not vague. Finally, the found that Wallen's last general argument, that the code is unconstitutional as applied to her, did not satisfy court rules with respect to issues presented and support with authority on appeal. The judgment of the lower court was affirmed.
Williams v. Galofaro	Housekeeper tripped over the family dog, sustaining injuries. She and her husband sued homeowners and their insurer for damages. The Court of Appeal found for defendants, holding that the dog did not pose an unreasonable risk of harm because plaintiffs did not show that the risk of injury resulting from puppy-like behavior multiplied by the gravity of the harm threatened outweighed the utility of keeping the dog as a pet.

Williams v. Galofaro

Housekeeper tripped over the family dog, sustaining injuries. She and her husband sued homeowners and their insurer for damages. The Court of Appeal found for defendants, holding that the dog did not pose an unreasonable risk of harm because plaintiffs did not show that the risk of injury resulting from puppy-like behavior multiplied by the gravity of the harm threatened outweighed the utility of keeping the dog as a pet.

Louisiana

Pages

Full Site Search