Friday, May 23, 2014

Lamare v. North Country Animal League case brief summary

Lamare v. North Country Animal League

o   Plaintiff former owners lost their dog, which was found loose, without tags; dog was delivered to animal control, which placed notices throughout town, in accordance with local ordinance, and then placed dog with defendant animal league, which adopted dog out to defendant present dog owners. P sued to recover their dog. Judgment was awarded in favor of defendants.
o   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.
o   Ps thought they were deprived of their property without notice and opp to be heard
o   Rule in the town was that the finder must post an ad where and when the dog was found, and unless owner comes forth w/in 7 days, dog shall be disposed of
§ Ct said 7 days was enough notice
·         (PA’s is 48 hr holding pd)
§ Public policy for league to find a fam for the dog
·         Also to take dogs off street to protect health, safety and welfare of ppl
§ Humane Society doesn’t want other cases filed against them since they shelter and give dogs away

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