United States

Summary: This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law.

Summary: Perfect Puppy signed a lease with a building located in the city of East Providence on April 26, 2014. Perfect Puppy intended to use the building to sell puppies and was given a “Pet Shop” license by the state of Rhode Island. On June 3, 2014, East Providence passed an ordinance banning dog and cat sales and as a result, Perfect Puppy filed suit against the city for a “facial-taking.” A “facial-taking” is when “an ordinance’s mere enactment amounts to a taking.” On appeal, the court held that it did not have jurisdiction over Perfect Puppy’s facial-taking claim because Perfect Puppy needed to file suit for compensation against the city and get rejected before the issue could be determined by this court. As a result, the court remanded the case back to the state court to be decided.

Summary: Friends of Animals (“FOA”) appeals an order of the United States District Court for the Eastern District of New York granting summary judgment in favor of defendants-appellees William Clay in his official capacity as a Deputy Administrator in the Department of Agriculture-APHIS and the FWS. FOA challenged FWS's issuance of a “depredation permit” to the Port Authority of New York and New Jersey authorizing the emergency “take” of migratory birds that threaten to interfere with aircraft at JFK Airport. FOA argues that FWS's own regulations unambiguously prohibit it from issuing such a permit and that the permit should therefore be set aside as the product of agency action that was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The District Court granted summary judgment for defendant FWS. On appeal, this court affirmed that ruling. FOA pointed out that the "emergency take" regulation at 50 C.F.R. § 21.41 does not authorize FWS to issue a permit that allows the emergency take of a migratory bird irrespective of its species, but instead requires a "species-specific" inquiry. However, this court disagreed, finding that "§ 21.41 does not place Port Authority officials in the untenable position of having to choose between violating federal law and deliberately ignoring serious threats to human safety." Further, the court found the specific requirements in § 21.41 concern only applicants seeking a permit and not the FWS itself. In this situation, the court found the 2014 permit's emergency-take provision satisfied § 21.41. The District Court's order was affirmed.

Summary: This Florida case involves the appeal of defendant's motion to suppress evidence in an animal cruelty case. Specifically, defendant Milewski challenged the evidence obtained during the necropsy of his puppy, alleging that he did not abandon his property interest in the body of the deceased dog because he thought the puppy's remains would be returned to him in the form of ashes. The necropsy showed that the puppy suffered a severe brain hemorrhage, extensive body bruises, and a separated spinal column that were consistent with severe physical abuse (which was later corroborated by Milewski's confession that he had thrown the dog). The trial court granted the motion to suppress and further found that law enforcement infringed on defendant's rights as the "patient's owner" when they interviewed the veterinarian and obtained veterinary records without consent or a subpoena, contrary to Florida law. On appeal, this court found that the Fourth Amendment does not extend to abandoned property. When Milewski abandoned his puppy's remains for the less-expensive "group cremation" at the vet's office, he gave up his expectation of privacy. As such, the court found that he was not deprived of his property without consent or due process when animal services seized the puppy's remains without a warrant. Further, this court found that there was no basis to suppress the veterinarian's voluntary statements about the puppy's condition or the necropsy report. The motion to suppress was reversed as to the doctor's statements/testimony and the evidence from the necropsy. The trial court's suppression of the hospital's medical records obtained without a subpoena was affirmed.

Summary: Plaintiffs, taxpayers Aaron Leider and the late Robert Culp, filed suit against the Los Angeles Zoo and Director Lewis to enjoin the continued operation of the elephant exhibit and to prevent construction of a new, expanded exhibit. Plaintiffs contend that the Zoo's conduct violates California animal cruelty laws and constitutes illegal expenditure of public funds and property. The case went to trial and the trial court issued limited injunctions relating to forms of discipline for the elephants, exercise time, and rototilling of the soil in the exhibit. On appeal by both sides, this court first took up whether a taxpayer action could be brought for Penal Code violations or to enforce injunctions. The Court held that the earlier Court of Appeals' decision was the law of the case as to the argument that the plaintiff-taxpayer was precluded from obtaining injunctive relief for conduct that violated the Penal Code. The Court found the issue was previously decided and "is not defeated by raising a new argument that is essentially a twist on an earlier unsuccessful argument." Further, refusing to apply this Civil Code section barring injunctions for Penal Code violations will not create a substantial injustice. The Court also found the order to rototill the soil was proper because it accords with the "spirit and letter" of Penal Code section 597t (a law concerning exercise time for confined animals). As to whether the exhibit constituted animal cruelty under state law, the Court found no abuse of discretion when the trial court declined to make such a finding. Finally, the Court upheld the lower court's ruling that declined further injunctive relief under section 526a (a law that concerns actions against state officers for injuries to public property) because the injury prong could not be satisfied. As stated by the Court, "We agree with the trial court that there is no standard by which to measure this type of harm in order to justify closing a multi-million dollar public exhibit."

Summary: This Alabama case involves the appeal of summary judgment on behalf of defendants in a personal injury dog bite case. The plaintiff here was bitten as she walked through a parking lot of the retail store adjacent to the residence where the dogs were kept. The dogs (six or seven pit bulls) were kept by defendants' tenants at the residence. Some of the dogs were kept in outdoor, chain-link kennels and others were allowed to remain in the fenced backyard. Plaintiff Berg filed a complaint against the Nguyens and their business under a theory of landlord-tenant liability for the dog bite. The lower court granted the Nguyens' motion for summary judgment, finding that Alabama law does not provide for landlord liability in this case. On appeal here, the court was persuaded by defendants' evidence that they did not know of the dog's dangerous propensity and were aware of only two occasions where animal control had been called. Further, there were only a few times Than Nguyen was aware the dogs were left unchained in the front yard. This was sufficient for the court to find that plaintiff did not meet her burden establishing that the Nguyens knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants' knowledge that pit bulls were "inherently dangerous," the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was affirmed.

Summary: This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.

Summary: Defendant appeals a judgment from the 24th Judicial District Court (JDC) for violations of the Jefferson Parish Code. In 2014, a parish humane officer visited defendant's residence and found over 15 dogs in the yard, some of which were chained up and others who displayed injuries. Initially, defendant received a warning on the failure to vaccinate charges as long as he agreed to spay/neuter the animals. Defendant failed to do so and was again found to have numerous chained dogs that did not have adequate food, water, shelter, or veterinary care. He was ordered to surrender all dogs in his possession and was assessed a suspended $1,500 fine. On appeal, defendant claims he was denied a fair hearing because he was denied the opportunity to cross-examine witnesses and present evidence. This court disagreed, finding that the JDC functioned as a court of appeal on the ordinance violations and could not receive new evidence. Before the JDC hearing, this court found defendant was afforded a hearing that met state and local laws. The JDC judgment was affirmed.

Summary: Friends of Animals, a non-profit animal advocacy organization, filed suit against the U.S. Fish & Wildlife Service ("the Service") in 2013, after the Service issued no initial or final determinations for 39 species of sturgeon the organization petitioned as endangered or threatened. The Endangered Species Act (ESA) requires that the Service must make a determination within 90 days for an initial determination or 12 months for a final determination after a petition is received from an interested party. However, there is also a provision in the ESA that the plaintiff must give the Service 60-days notice before filing suit. The District Court held that Friends of Animals did not give the Service adequate notice before filing suit and dismissed the complaint. On appeal, this court agreed, finding that Friends of Animals "did not wait until after the issuance of the positive initial determinations to provide 60 days' notice of the allegedly overdue final determinations." In dicta, the Court noted that "[t]he Service's approach may not be the most efficient," but the deadlines are mandatory in the statutes. Thus, its suit to compel the final determination on the listings was barred and the judgment of the District Court was affirmed.