Exotic Pets

Howard v. Chimps, Inc.

Summary:

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

Long v. Noah's Lost Ark, Inc.

Summary:

Owner of lion cub sued animal shelter for refusing to return the cub to him, alleging breach of contract, conversion, replevin, fraud, and intentional misrepresentation.  The Trial Court granted summary judgment for plaintiff and defendant appealed.  On appeal, the Court affirmed for plaintiff, as plaintiff had established that he was the legal owner of the lion and was entitled to possession.

Owner of lion cub sued animal shelter for refusing to return the cub to him, alleging breach of contract, conversion, replevin, fraud, and intentional misrepresentation.  The Trial Court granted summary judgment for plaintiff and defendant appealed.  On appeal, the Court affirmed for plaintiff, as plaintiff had established that he was the legal owner of the lion and was entitled to possession.

Summit County Board of Health v. Pearson

Summary:

In this Ohio case, appellant, Lorenza Pearson, appealed from a judgment of the Summit County Court of Common Pleas that affirmed a decision of the Summit County Board of Health finding that his property was a public health nuisance.  Lorenza and Barbara Pearson were the owners of property where they kept a collection of exotic and domestic animals, including lions, tigers, leopards, bears, foxes, pigeons, dogs, and an alligator. At the time of the Board of Health hearing, they had 44 large cat species and 16 black bears.  The court held that the administrative body’s determination of a public nuisance resulting from unsanitary confinement of exotic pets was not arbitrary and capricious, and was “supported by a preponderance of reliable, probative and substantial evidence.”

In this Ohio case, appellant, Lorenza Pearson, appealed from a judgment of the Summit County Court of Common Pleas that affirmed a decision of the Summit County Board of Health finding that his property was a public health nuisance.  Lorenza and Barbara Pearson were the owners of property where they kept a collection of exotic and domestic animals, including lions, tigers, leopards, bears, foxes, pigeons, dogs, and an alligator. At the time of the Board of Health hearing, they had 44 large cat species and 16 black bears.  The court held that the administrative body’s determination of a public nuisance resulting from unsanitary confinement of exotic pets was not arbitrary and capricious, and was “supported by a preponderance of reliable, probative and substantial evidence.”

State v. Walker

Summary:

A dog owner was placed on probation which limited him from having any animals on his property for five years.  While on probation, bears on the owner's property were confiscated after getting loose.  The trial court ordered the dog owner to pay restitution for the upkeep of the confiscated bears, but the Court of Appeals reversed holding the trial court did not the authority to require the dog owner to pay restitution for the upkeep of the bears because the forfeiture of animals penalty did not apply to conviction for failure to confine or restrain a dog.

A dog owner was placed on probation which limited him from having any animals on his property for five years.  While on probation, bears on the owner's property were confiscated after getting loose.  The trial court ordered the dog owner to pay restitution for the upkeep of the confiscated bears, but the Court of Appeals reversed holding the trial court did not the authority to require the dog owner to pay restitution for the upkeep of the bears because the forfeiture of animals penalty did not apply to conviction for failure to confine or restrain a dog.

Flikshtein v. City of New York

Summary:

The New York appellate court held that the dangerousness or viciousness of plaintiff’s pet monkey was irrelevant, and that the city could remove the monkey regardless of its benevolent behavior.

The New York appellate court held that the dangerousness or viciousness of plaintiff’s pet monkey was irrelevant, and that the city could remove the monkey regardless of its benevolent behavior.

Eyrich v. Earl

Summary:

In this New York, the neighbors of a five-year-old child who was mauled to death by a leopard that was at a circus held on school property filed suit against the operators of the circus seeking compensation for emotional damages. On defendants' appeal, this court held that defendants were strictly liable to plaintiffs. The court first began with the proposition that wild animals are presumed to have a dangerous propensity and the keepers of such have been held strictly liable. Using a products liability analogy, the court found that as a matter of public policy, it would be 'unthinkable' to refuse to insulate individuals who put a defective car on the road and 'then tell one injured by a wild beast that he has no claim against those who put that beast on the road.' The judgment was affirmed.

In this New York, the neighbors of a five-year-old child who was mauled to death by a leopard that was at a circus held on school property filed suit against the operators of the circus seeking compensation for emotional damages. On defendants' appeal, this court held that defendants were strictly liable to plaintiffs. The court first began with the proposition that wild animals are presumed to have a dangerous propensity and the keepers of such have been held strictly liable. Using a products liability analogy, the court found that as a matter of public policy, it would be 'unthinkable' to refuse to insulate individuals who put a defective car on the road and 'then tell one injured by a wild beast that he has no claim against those who put that beast on the road.' The judgment was affirmed.

Coroneos v. Montgomery County

Summary:

Pursuant to a warrant, the police seized all un-cared for animals owned by a reptile distributor.   The distributor was told he could appeal the seizure, but must prepay the costs of boarding and caring for the animals pending the appeal.  The trial court granted summary judgment in favor fo the county and the Court of Special Appeals reversed, holding the owner was not required by the county code to prepay the costs of care as a condition for an appeal.         

Pursuant to a warrant, the police seized all un-cared for animals owned by a reptile distributor.   The distributor was told he could appeal the seizure, but must prepay the costs of boarding and caring for the animals pending the appeal.  The trial court granted summary judgment in favor fo the county and the Court of Special Appeals reversed, holding the owner was not required by the county code to prepay the costs of care as a condition for an appeal.         

Animal Legal Defense Fund v. State, Dept. of Wildlife and Fisheries

Summary:

The Animal Legal Defense Fund (ALDF), along with others, filed a petition for injunctive relief and a writ of mandamus against the Louisiana Department of Wildlife and Fish (DWF) for permitting the exhibit of a real tiger ("Tony") at a truck stop owned by Michael Sandlin. An ordinance prohibiting the display of wild animals was in effect when Tony was acquired. Subsequent to that, the Louisiana legislature adopted a law that required those who legally held big cats who were "grandfathered in," obtain a permit from the DWF. After Tony's caretaker, Michael Sandlin was denied a DWF permit because he was not in compliance with the Parish ordinances, Sandlin sued the Parish. The Parish then carved out an exception for him in the ordinances and the DWF, through Secretary Barham, issued a state permit to Sandlin. ADLF and others sued, alleging that the permit violated Louisiana law and the renewal of the permit was arbitrary, capricious, and an abuse of discretion.  At the first trial court hearing, the trial court issued a judgment granting the preliminary and permanent injunction ordering DFW to revoke the permit, but the truck stop owner alleged he had not received notice of the hearing and therefore decided to intervene. Once the truck stop was allowed to intervene, a hearing on all pending issues was held, which resulted in the intervenors appealing the trial court’s judgment and the trial court’s denial for a new trial. On appeal here, the appeals court dismissed the appeal, in part, and affirmed, in part, the November 17, 2011 judgment of the trial court. With regard to the issue of standing for the injunction, this court found that the individual named plaintiffs (residents of Louisiana) had taxpayer standing, but the court did not find that plaintiff ALDF alleged and proved sufficient interest to sustain a right of action seeking an injunction against any unlawful conduct by DWF. That part of the November 17, 2011 judgment of the trial court was reversed. Further, the court found that, based on factual findings, there was no error in the trial court's legal conclusion that Michael Sandlin did not meet the legal requirements for a Potentially Dangerous Wild Quadruped permit, and that permanent injunctive relief, enjoining DWF from issuing Michael Sandlin future permits for Tony, was warranted. That part of the trial court judgment was affirmed.

The Animal Legal Defense Fund (ALDF), along with others, filed a petition for injunctive relief and a writ of mandamus against the Louisiana Department of Wildlife and Fish (DWF) for permitting the exhibit of a real tiger ("Tony") at a truck stop owned by Michael Sandlin. An ordinance prohibiting the display of wild animals was in effect when Tony was acquired. Subsequent to that, the Louisiana legislature adopted a law that required those who legally held big cats who were "grandfathered in," obtain a permit from the DWF. After Tony's caretaker, Michael Sandlin was denied a DWF permit because he was not in compliance with the Parish ordinances, Sandlin sued the Parish. The Parish then carved out an exception for him in the ordinances and the DWF, through Secretary Barham, issued a state permit to Sandlin. ADLF and others sued, alleging that the permit violated Louisiana law and the renewal of the permit was arbitrary, capricious, and an abuse of discretion.  At the first trial court hearing, the trial court issued a judgment granting the preliminary and permanent injunction ordering DFW to revoke the permit, but the truck stop owner alleged he had not received notice of the hearing and therefore decided to intervene. Once the truck stop was allowed to intervene, a hearing on all pending issues was held, which resulted in the intervenors appealing the trial court’s judgment and the trial court’s denial for a new trial. On appeal here, the appeals court dismissed the appeal, in part, and affirmed, in part, the November 17, 2011 judgment of the trial court. With regard to the issue of standing for the injunction, this court found that the individual named plaintiffs (residents of Louisiana) had taxpayer standing, but the court did not find that plaintiff ALDF alleged and proved sufficient interest to sustain a right of action seeking an injunction against any unlawful conduct by DWF. That part of the November 17, 2011 judgment of the trial court was reversed. Further, the court found that, based on factual findings, there was no error in the trial court's legal conclusion that Michael Sandlin did not meet the legal requirements for a Potentially Dangerous Wild Quadruped permit, and that permanent injunctive relief, enjoining DWF from issuing Michael Sandlin future permits for Tony, was warranted. That part of the trial court judgment was affirmed.

Hendricks v. Barlow

Summary:

Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property.   The trial court held that the county could not pass such a law, since it would be preempted by state and federal law.   However, on appeal, this Court found that federal  (the AWA) and state law did not preempt the County from passing such ordinances.   The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption   by state and federal law should not have been found.   Thus, the zoning regulation was permitted.

Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property.   The trial court held that the county could not pass such a law, since it would be preempted by state and federal law.   However, on appeal, this Court found that federal  (the AWA) and state law did not preempt the County from passing such ordinances.   The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption   by state and federal law should not have been found.   Thus, the zoning regulation was permitted.

Barnes v. City of Anderson

Summary:

Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.  

Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.