Friday, May 23, 2014

Johnston v. Atlanta Humane Society case brief summary

Johnston v. Atlanta Humane Society case brief summary

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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