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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