Friday, May 23, 2014

Johnston v. Atlanta Humane Society case brief summary

Johnston v. Atlanta Humane Society case brief summary

Facts:
The owner found dog at humane society following the completion of its adoption to another.



o Dog was neither tagged, nor licensed

o Ct found overriding public policy concerns

- Johnson failed to abide by statutory requirement to tag/license his animal and therefore had forfeited his right and transferred his interest to the humane society.

- Adoption will be upheld where humane society complies with procedural requirements of due process.

· Once an adoption has been made through a recognized humane society, the adoption is upheld.

· Changed in applying general lost property statutes

o Balance of Interest: value of lost animal to their original owner weighs against allowing a finder to gain ownership over such animals

- Ownership rights in an animal must be proven

- Balancing original and adoptive families households

- Reasonable efforts made by the owner to find a lost animal

· Government organization or private organization and adopting it out generally the title of owner are severed. If a finder finds it and doesn’t turn in to the organization it’s possible that the owner may get title back.

· Requirements by organization: scan microchip, make notifications.

· Rescue organization becomes a finders and have the same standing that finders do. If they are not linked to a government agencies. SHOULD HAVE CLEAR TRANSFER OF TITLE.

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