Hoarding

People v. Curtis

Summary:

Defendant owned five cats and housed 82 feral cats in her home. One of her pet cats developed a respiratory infection and had to be euthanized as a result of unsanitary conditions. Defendant was convicted of violating the duties of an animal owner, and she appealed. The Appellate Court held that the statute requiring animal owners to provide humane care and treatment contained sufficiently definite standards for unbiased application, and that a person of ordinary intelligence would consider defendant's conduct toward her pet cat to be inhumane.

Defendant owned five cats and housed 82 feral cats in her home. One of her pet cats developed a respiratory infection and had to be euthanized as a result of unsanitary conditions. Defendant was convicted of violating the duties of an animal owner, and she appealed. The Appellate Court held that the statute requiring animal owners to provide humane care and treatment contained sufficiently definite standards for unbiased application, and that a person of ordinary intelligence would consider defendant's conduct toward her pet cat to be inhumane.

State v. Wilson

Summary:

In this Florida case, the state appeals a county court order that granted appellee's motion to dismiss two counts of an information and which also declared a state statute to be unconstitutional. Defendant-appellee was arrested for having approximately seventy-seven poodles in cages in the back of a van without food, water and sufficient air. In her motion to dismiss, defendant-appellee alleged that the phrases “sufficient quantity of good and wholesome food and water” and “[k]eeps any animals in any enclosure without wholesome exercise and change of air” as contained in sections 828.13(2)(a) and (b) were void for vagueness. In reversing the lower court, this court held that the prohibitions against depriving an animal of sufficient food, water, air and exercise, when measured by common understanding and practice, are not unconstitutionally vague.

In this Florida case, the state appeals a county court order that granted appellee's motion to dismiss two counts of an information and which also declared a state statute to be unconstitutional. Defendant-appellee was arrested for having approximately seventy-seven poodles in cages in the back of a van without food, water and sufficient air. In her motion to dismiss, defendant-appellee alleged that the phrases “sufficient quantity of good and wholesome food and water” and “[k]eeps any animals in any enclosure without wholesome exercise and change of air” as contained in sections 828.13(2)(a) and (b) were void for vagueness. In reversing the lower court, this court held that the prohibitions against depriving an animal of sufficient food, water, air and exercise, when measured by common understanding and practice, are not unconstitutionally vague.

Bogart v. Chapell

Summary:

A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Bjugan v. State Farm Fire and Cas. Co.

Summary:

After a house was damaged by a tenant’s 95 cats and 2 dogs, a landlord sought to recover expenses through State Farm Insurance. State Farm, however, denied the landlord coverage due to a provision in the insurance policy that excluded damages caused by domestic animals. In a diversity action brought by the landlord, the district court found the damage caused by the tenant’s cats fell within State Farm’s policy exclusion and therefore granted State Farm’s motion for summary judgment.

After a house was damaged by a tenant’s 95 cats and 2 dogs, a landlord sought to recover expenses through State Farm Insurance. State Farm, however, denied the landlord coverage due to a provision in the insurance policy that excluded damages caused by domestic animals. In a diversity action brought by the landlord, the district court found the damage caused by the tenant’s cats fell within State Farm’s policy exclusion and therefore granted State Farm’s motion for summary judgment.

Hemingway Home and Museum v. U.S. Dept. of Agriculture

Summary:

The plaintiff lived in Hemmingway's old property, a museum, with 53 polydactyl cats (cats having more than the usual number of toes). The United States Department of Agriculture investigated and said that the plaintiff needed to get an exhibitor's license to show the cats, but that was not possible unless the cats were enclosed. Plaintiff sued the government in order to avoid the $200 per cat per day fines assessed, but the court held that the government has sovereign immunity from being sued.

The plaintiff lived in Hemmingway's old property, a museum, with 53 polydactyl cats (cats having more than the usual number of toes). The United States Department of Agriculture investigated and said that the plaintiff needed to get an exhibitor's license to show the cats, but that was not possible unless the cats were enclosed. Plaintiff sued the government in order to avoid the $200 per cat per day fines assessed, but the court held that the government has sovereign immunity from being sued.

People v. Youngblood

Summary: Defendant was convicted of animal cruelty for keeping 92 cats in a single trailer, allowing less than one square foot of space for each cat.  The court found that the conviction could be sustained upon proof that defendant either deprived animals of necessary sustenance, drink, or shelter, or subjected them to needless suffering.  Further, the court found that the defense of necessity (she was keeping the cats to save them from euthanasia at animal control) was not available under circumstances of case.

Defendant was convicted of animal cruelty for keeping 92 cats in a single trailer, allowing less than one square foot of space for each cat.  The court found that the conviction could be sustained upon proof that defendant either deprived animals of necessary sustenance, drink, or shelter, or subjected them to needless suffering.  Further, the court found that the defense of necessity (she was keeping the cats to save them from euthanasia at animal control) was not available under circumstances of case.

Whitman v. State

Summary:

Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.

Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.

Allen v. Municipality of Anchorage

Summary:

Krystal R. Allen pleaded no contest to two counts of cruelty to animals after animal control officers came to her home and found 180 to 200 cats, 3 dogs, 13 birds, and 3 chickens in deplorable conditions. She was sentenced to a 30-day jail term and was placed on probation for 10 years. One of the conditions of Allen's probation prohibits her from possessing any animals other than her son's dog. In first deciding that its jurisdictional reach extends to claims not just based on the term of imprisonment, the court concluded that the district court did not abuse its discretion by restricting Allen's possession of animals during the term of her probation.  

Krystal R. Allen pleaded no contest to two counts of cruelty to animals after animal control officers came to her home and found 180 to 200 cats, 3 dogs, 13 birds, and 3 chickens in deplorable conditions. She was sentenced to a 30-day jail term and was placed on probation for 10 years. One of the conditions of Allen's probation prohibits her from possessing any animals other than her son's dog. In first deciding that its jurisdictional reach extends to claims not just based on the term of imprisonment, the court concluded that the district court did not abuse its discretion by restricting Allen's possession of animals during the term of her probation.  

Brief Summary of Ordinances for Pet Number Restrictions

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Summary:

Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare.

Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare.