Missouri

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State ex rel. Humane Society of Missouri v. Beetem

Summary: The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 -  a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable.

The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 -  a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable.

State ex rel. Zobel v. Burrell

Summary: A trial court granted a local humane society permission to humanely dispose of horses placed in their custody by the Sheriff.  A man filed petition for a writ of mandamus against the the trial judge and humane society to challenge the judge's order.  The Court of Appeals reversed the trial court holding the trial court lacked jurisdiction over the Humane Society of Missouri. Opinion transferred to State ex rel. Zobel v. Burrell , 167 S.W.3d 688 (Mo., 2005).

A trial court granted a local humane society permission to humanely dispose of horses placed in their custody by the Sheriff.  A man filed petition for a writ of mandamus against the the trial judge and humane society to challenge the judge's order.  The Court of Appeals reversed the trial court holding the trial court lacked jurisdiction over the Humane Society of Missouri. Opinion transferred to State ex rel. Zobel v. Burrell , 167 S.W.3d 688 (Mo., 2005).

State ex rel. Zobel v. Burrell

Summary: Police seized 120 neglected horses pursuant to a search warrant and a Circuit Court Judge allowed humane societies to dispose of the horses.  The owner of the horses sought a writ of mandamus against the Circuit Court Judge.  The Missouri Supreme Court held the Circuit Court Judge had jurisdiction to permit the seized horses to be disposed of and the impoundment statute was not unconstitutionally vague.

Police seized 120 neglected horses pursuant to a search warrant and a Circuit Court Judge allowed humane societies to dispose of the horses.  The owner of the horses sought a writ of mandamus against the Circuit Court Judge.  The Missouri Supreme Court held the Circuit Court Judge had jurisdiction to permit the seized horses to be disposed of and the impoundment statute was not unconstitutionally vague.

State ex rel. Zobel v. Burrell

Summary: After a judge granted two humane societies permission to dispose of nearly 120 severely emaciated and malnourished horses, the horses' owner, instead of posting a bond or security, filed for a writ of mandamus with the court of appeals. The appeals court issued a stop order and transferred the case to the Missouri Supreme Court. Here, the horses’ owner argued two points, but the Missouri Supreme Court found that (1) the spoliation of evidence doctrine does not apply at this juncture and that (2) the statute was not unconstitutionally vague, nor does the owner allege that the statute discriminates based upon classification or that the statute discriminates in its application so as to violate the equal protection clause. The stop order was therefore dissolved and the petition for the writ of mandamus was denied.

After a judge granted two humane societies permission to dispose of nearly 120 severely emaciated and malnourished horses, the horses' owner, instead of posting a bond or security, filed for a writ of mandamus with the court of appeals. The appeals court issued a stop order and transferred the case to the Missouri Supreme Court. Here, the horses’ owner argued two points, but the Missouri Supreme Court found that (1) the spoliation of evidence doctrine does not apply at this juncture and that (2) the statute was not unconstitutionally vague, nor does the owner allege that the statute discriminates based upon classification or that the statute discriminates in its application so as to violate the equal protection clause. The stop order was therefore dissolved and the petition for the writ of mandamus was denied.

Savory v. Hensick

Summary: Contractor brought a premises liability action against homeowners after falling over their dog.  Contractor was descending from a ladder while working on homeowners' premises and stepped on the dog at the base of the ladder.  The trial court held in favor of the contractor because the homeowners' dog made the yard foreseeably dangerous and the appellate court affirmed. 

Contractor brought a premises liability action against homeowners after falling over their dog.  Contractor was descending from a ladder while working on homeowners' premises and stepped on the dog at the base of the ladder.  The trial court held in favor of the contractor because the homeowners' dog made the yard foreseeably dangerous and the appellate court affirmed. 

MO - Breeder - Chapter 9 - Animal Care Facilities. 30-9.010 - 9.030

Summary: This rule sets forth the standards and requirements for the licensing and operation of animal care facilities in Missouri. For the minimum age to sell or ship a dog or cat, see 30-9020 section (14), subsection (E).

This rule sets forth the standards and requirements for the licensing and operation of animal care facilities in Missouri. For the minimum age to sell or ship a dog or cat, see 30-9020 section (14), subsection (E).

MO - Health - Animal Quarantines

Summary: This rule provides for the isolation or quarantine of animals with a communicable disease and authorizes the closing of places of public and private assembly as necessary for the protection of public health.

This rule provides for the isolation or quarantine of animals with a communicable disease and authorizes the closing of places of public and private assembly as necessary for the protection of public health.
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