Oregon

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Justice, an American Quarter Horse, by and through his Guardian, Kim MOSIMAN, Plaintiff, v. Gwendolyn VERCHER, Defendant.

Summary:

This Oregon complaint seeks economic and non-economic damages for Justice, an American Quarter Horse from Oregon, by and through his guardian. Justice suffered extreme pain, distress, and permanent injury due to the criminal neglect of Defendant Gwendolyn Vercher. According to the facts issued in the complaint, Defendant denied Justice adequate food and shelter for months, abandoning him to starve and freeze. As a result of this neglect, Justice was left debilitated and emaciated. Plaintiffs' attorneys plead negligence per se based on violation of Oregon's anti-cruelty statute.

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Cascadia Wildlands v. Dep't of Fish and Wildlife

Summary:

Oregon Fish and Wildlife Commission ("Respondent") removed the species Canis lupus (gray wolf) from the list of species protected under the Oregon Endangered Species Act (OESA). Cascadia Wildlands, Center for Biological Diversity, and Oregon Wild ("Petitioners") sought judicial review of the amendment to Oregon law. The Petitioners contended that the decision to delist exceeded the commission’s statutory authority and did not comply with applicable rulemaking procedures. After the Petitioners filed their petition, the Oregon legislature passed House Bill 4040 which ratified the administrative rule that the Respondent promulgated delisting the gray wolf. The Respondents argued that the passage of the bill made the Petitioners' petition for judicial review moot. The Petitioners argued that the Oregon law ratifying the administrative rule had no legal effect and was merely an expression of legislative agreement. The Court held that the legislature using the word “ratify” in the statute indicated that they intended to confirm that the Commission’s rule delisting the gray wolf was legally satisfied, therefore, rendering judicial review moot. The Petitioners also contended that the statute violated the separation of powers because the statute performed an entirely judicial function by neither appealing nor amending the statute. Petitioners asserted that evaluating whether a particular agency satisfied requirements of law is a fact-specific inquiry which is reserved for the court. The Court held that the statute did not violate the separation of powers. The Court ultimately held that the Petitioners' rule challenge was moot. The petition for judicial review was ultimately dismissed.

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De Lanoy v. Taylor

Summary:

This Oregon case involves a dispute over who now owns a female whippet dog named "Isis." Isis was adopted from the local humane society and lived with the plaintiff and his family until 2014. In the summer of 2014, plaintiff asked his friend Rich to keep Isis while plaintiff moved to Florida. Both plaintiff and Rich understood that Rich was just caring for Isis and that plaintiff remained Isis' owner. Defendant is Rich's ex-girlfriend had a different understanding; that plaintiff had abandoned Isis and, as such, Isis became defendant's property. In 2016, plaintiff filed an action for replevin against defendant, seeking immediate return of Isis. Defendant countered with a counterclaim for a declaratory judgment that the dog was gifted to Rich - who subsequently abandoned the dog - and so defendant became the rightful owner. A bench trial ruled in favor of plaintiff, finding insufficient evidence to establish that plaintiff had gifted the dog or that Rich had abandoned the dog. On appeal, defendant raises a single procedural error, that the court erred by granting plaintiff replevin the procedures in ORCP 83 A were not followed. Notably, the court found that there was no ruling against defendant with regard to noncompliance of a court rule. More importantly, there was no challenge to the court's disposition of the declaratory judgement counterclaim. Thus, defendant presented no error in the disposition of her counterclaim. Accordingly, because the trial court declared plaintiff to be the lawful owner of Isis, and no one has challenged that declaration, the court did not reach defendant's arguments about the proper procedure for a replevin claim.

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OR - Animal Racing - Chapter 462. Racing.

Summary:

Oregon created a Racing Commission that has the authority license, regulate, and supervise all race meets within the state and shall cause the race tracks that hold races to be inspected at least once each fiscal year. A race meet is not to be held unless a license is obtained from the Oregon Racing Commission. All employees of the race track as well as any public training facility or kennel for greyhounds involved in racing are also required to obtain a license from the Commission prior to engaging in their duties. The Commission may require each applicant to obtain a recommendation in writing of the board of county commissioners of the county in the event a race meet is to be held outside of a city and of the governing body of such city if the race meet is to be held within a city. The Commission is tasked with determining the number and classes of race meets to be held in any fiscal year and the total number of racing dates to be granted to a licensee, not to exceed 350 days in any metropolitan area in any fiscal year. The Commission is entitled to require chemical testing of the urine, blood, saliva, or other bodily substances of animals participating in races. Animals are prohibited from participating in races if they have been administered a drug that is prohibited by the Commission, prohibited drugs have been detected in the animal's system, and the animal has been stimulated or depressed in any way by a mechanical device not sanctioned by the Commission.

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OR - Damages - 30.822. Theft of or injury to search and rescue animal or therapy animal; attorney fees

Summary:

This Oregon law provides that the owner of a search and rescue animal or a therapy animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the search and rescue animal or therapy animal. The owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks a search and rescue animal or therapy animal. If the animal dies as a result of the injuries sustained or the incident prevents the animal from returning to service, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained animal, without any differentiation for the age or the experience of the animal. If the animal recovers and returns to service, the measure of economic damages shall include, but need not be limited to, the costs of temporary replacement services, veterinary medical expenses and any other costs and expenses incurred by the owner as a result of the theft of or injury to the animal.

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State v. Crow

Summary:

This Oregon case discusses whether 11 miniature horses, multiple cats, and a dog are separate victims for purposes of merger into one conviction. Defendant appeals a judgment of conviction for 13 counts of unlawful possession of an animal by a person previously convicted of second-degree animal neglect. The facts are not at issue: Defendant was previously convicted of multiple counts of second-degree animal neglect involving dogs and miniature horses and was subsequently found to be in possession of those animals. On appeal, defendant's primary argument is that "the public is the single collective victim" for purposes of the violation, so the trial court erred in entering 13 separate convictions for unlawful possession of an animal. In support, defendant analogizes it to unlawful possession of a firearm by a felon, where the public is deemed the collective victim for purposes of merger. The State counters with the fact animals are living beings, unlike firearms, and that living beings can be victims of crimes. Further, the State contends that the language of ORS 161.067(2) and legislative history demonstrate an intent to protect individual animal victims. The court found that the text of statute shows an intent to protect individual animals of the same genus as previous crimes rather than protection of the public, generally. The court was not persuaded by defendant's contention that established links between animal cruelty and domestic violence show that the legislature intended to protect the public rather than individual animals when it enacted ORS 167.332(1). Legislative testimony for amendments to ORS 167.332 from animal experts detailed how difficult it was for judges to impose bans on possession before the passage of the amendment due to the way the law was previously written. Thus, the court concluded that the principal purpose of ORS 167.332(1) was to protect individual animals from further abuse and neglect, and to deter animal abuse and neglect where those individuals convicted show "an identifiable threat to a particular genus of animal." Here, in defendant's case, the trial court did not err when it entered 13 separate convictions for unlawful possession of an animal. Affirmed.

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OR - Education - 337.300. Refusal to dissect animal; alternative materials or methods of learning

Summary:

This Oregon law allows a student in grade kindergarten through grade 12 to refuse to dissect any vertebrate or invertebrate animal. A school district that includes dissection as part of its coursework shall permit students to demonstrate competency in the coursework through alternative materials or methods of learning that do not include the dissection of animals. Further, a teacher may not discriminate against a student or lower the grade of a student for not participating in the dissection of an animal.

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OR - Vehicle, unattended animal - 30.813. Entrance into motor vehicle to remove unattended child or domestic animal;

Summary:

This Oregon law enacted in 2017 gives immunity from civil or criminal liability to a person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal if he or she follows steps listed in the law. The person must first determine the vehicle is locked and there is no reasonable method for the animal or child to exit the vehicle. That person must also have a good faith and reasonable belief based on the circumstances that entry is necessary due to imminent harm. Additionally, that person must notify law enforcement/emergency services before or soon as is reasonably practicable, use no more force than necessary to enter the vehicle, and remain with the child or animal until responders arrive.

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Wolf v. Taylor

Summary:

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.

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State v. Hershey

Summary:

In this Oregon case, defendant appeals his conviction of first-degree animal neglect. Specifically, defendant argues the denial of his motion to suppress evidence was erroneous. The evidence was obtained when the local sheriff (Glerup) entered defendant's property to administer emergency aid to defendant's cattle. During testimony in the motion to suppress, Glerup testified that he first received a call from defendant's neighbors who reported that the cattle appeared to be "starving." That neighbor even called defendant, who assured her that the cattle "were okay" and being cared for by a hired person. Sheriff Glerup called that individual who stated he had not been hired and defendant had been gone a week. The sheriff subsequently received a call that the cattle were in need of immediate aid and in poor condition. These conditions prompted the warrantless search. On appeal, defendant argues that the trial court erroneously denied his motion to suppress where the state failed to establish that the warrantless entry was justified under an exception to the warrant requirement. In doing so, defendant contends that the case establishing that the emergency aid doctrine applies to animals (Fessenden) was wrongly decided. This argument was dispensed by the court because it was not properly preserved at trial. Alternatively, defendant argues that the state failed to satisfy the requirements for the emergency aid exception. In reviewing defendant's claim, the court noted that in Fessenden, the emergency aid doctrine justifies warrantless activity, “when law enforcement officers have an objectively reasonable belief, based on articulable facts, that the search or seizure is necessary to render immediate aid or assistance to animals . . ." In this case, the court found that the officer's belief that immediate aid was necessary where the cattle appeared to be "near death" was reasonable. Thus, the trial court did not err when it denied defendant's motion to suppress; defendant's conviction was affirmed.

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