LaMare v. North Country Animal Rescue case brief
743 A.2d 598
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
743 A.2d 598
CASE SYNOPSIS: Plaintiff
former dog owners appealed from a summary judgment of the Lamoille
Superior Court (Vermont) granted in favor of defendants, animal
league and present dog owners, challenging the court's ruling that
their possessory interest in a lost dog had been transferred to
defendants under the township's dog control ordinance and alleging a
violation of procedural due process.
FACTS: Plaintiff former dog owners lost their dog, which was found loose, without tags; dog was delivered to animal control, which placed notices throughout town, in accordance with the local ordinance, and then placed dog with defendant animal league, which adopted dog out to defendant present dog owners. Plaintiffs sued to recover their dog. Cross-motions for summary judgment were filed, and judgment was awarded in favor of defendants. Plaintiffs appealed, challenging the validity of the transfer of possession of their personal property, alleging a violation of their procedural due process right. Judgment was affirmed; the statute authorizing towns to regulate loose domestic pets empowered the town to take possession of plaintiff's dog at large, and the provision authorizing the sale or humane disposal of the pet constituted necessary and essential power. The town had not exceeded its authority. Plaintiffs' due process right was not deprived because the posting of descriptive notices throughout the town provided ample notice consistent with local ordinance, state law, and due process requirements.
CONCLUSION: Judgment was affirmed because statute authorizing towns to regulate running at large of domestic pets empowered town to take possession of plaintiff's dog, when found running loose without tags, and provision authorizing town to sell/dispose of pet in humane fashion constituted necessary/essential power; therefore town did not exceed its authority.
FACTS: Plaintiff former dog owners lost their dog, which was found loose, without tags; dog was delivered to animal control, which placed notices throughout town, in accordance with the local ordinance, and then placed dog with defendant animal league, which adopted dog out to defendant present dog owners. Plaintiffs sued to recover their dog. Cross-motions for summary judgment were filed, and judgment was awarded in favor of defendants. Plaintiffs appealed, challenging the validity of the transfer of possession of their personal property, alleging a violation of their procedural due process right. Judgment was affirmed; the statute authorizing towns to regulate loose domestic pets empowered the town to take possession of plaintiff's dog at large, and the provision authorizing the sale or humane disposal of the pet constituted necessary and essential power. The town had not exceeded its authority. Plaintiffs' due process right was not deprived because the posting of descriptive notices throughout the town provided ample notice consistent with local ordinance, state law, and due process requirements.
CONCLUSION: Judgment was affirmed because statute authorizing towns to regulate running at large of domestic pets empowered town to take possession of plaintiff's dog, when found running loose without tags, and provision authorizing town to sell/dispose of pet in humane fashion constituted necessary/essential power; therefore town did not exceed its authority.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
No comments:
Post a Comment