Articles Tagged with animal law

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“Oregon Jury awards couple nearly $240K over neighbors’ barking dogs, by Martha Neil, ABA Journal News, April 16, 2015

An Oregon jury has awarded nearly $240,000 to a Rogue River couple who said they had to listen to their neighbors’ dogs constant barking for over a decade.

Plaintiffs Dale and Debra Krein said in the Jackson County suit that John Updegraff and Karen Szewc began breeding Tibetan mastiffs in 2002. After that, the giant dogs began barking around 5 a.m. and continued all day, the Kreins contended. They said their neighbors did not attempt to keep the dogs quiet even after the two were cited more than a decade ago by county authorities for creating a nuisance, reports the Medford Mail Tribune….[Link to ABA article.]

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From ABA Journal: UK lawyer creates online prenup for pets,” Jan 1, 2015, by L.J. Jackson:

While many people treat pets like family members, courts take a different view. Pets are considered personal property, meaning Fido has the same status as a household appliance. So when a relationship sours, custody disputes involving pets can turn particularly contentious.

…. In an effort to avoid just this sort of problem, one U.K. family law attorney has created a prenuptial agreement for pet purchases. Pet Nup is a free download that covers ownership, responsibilities and rights in the event of a relationship breakdown, with the goal of keeping pet welfare at its heart….” [Link to ABA article.]

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Gallagher Blogs reminds us that Headnote of the Day still lives!

A dog cannot recover for emotional distress?

You are probably well aware of the West Key Number System and headnotes but are you familiar with Westlaw’s Headnote of the Day provided on Thomson Reuters’ Legal Solutions Blog? ...” [Link to blog post.]

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The Oregonian had a story on March 22nd about an Alaskan boy with a miniature horse service animal. Miniature horses as service animals? Well, it turns out the Oregon Senate Judiciary Committee is having a public hearing and possible work session tomorrow (March 28) on SB 610 relating to service animals (including miniature horses).  Proposed legislation from last year’s session (HB 4053, died in committee) would have added miniature horses to the definition of assistance animals, and this year’s proposed legislation is similar. This session, SB 610 also modifies the definition of assistance animal to include miniature horses:

“To the extent that reasonable modifications can be made, “assistance animal” also means a miniature horse that is individually trained to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.”

 In the Department of Justice’s 2010 amendment to implementing title II of the ADA, the definition of service animal only includes dogs (though some states do have broader definitions of service animals).  In the Final Rule to Amend the Department of Justice’s Regulation Implementing Title II of the ADA,  the DOJ clarifies:

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The library regularly receives questions about raising chickens in urban areas (view previous blog posts on chickens here).   So, it’s not too surprising the Saturday (March 23) edition of The Oregonian’s Community News (West Metro) featured an article on the popularity of raising hens in Washington County.  As the article mentions, researching your local ordinances is important if you want to raise chickens on residential property.  For example, Hillsboro drafted new livestock, bee, and exotic animal regulations a few years ago and now has a permit process.  Beaverton also has codes relating to hens, and like Hillsboro, they don’t allow roosters.  Don’t overlook possible local regulations regarding building structures/enclosures for poultry (for example, Hillsboro requires a building permit for structures over a certain size, and Beaverton’s code specifies the minimum distance an enclosure has to be from a neighboring dwelling).

Other helpful resources include your local animal control office, code enforcement office, and extension service office. OSU’s Extension Service has offices throughout the state, and their poultry specialist was interviewed for The Oregonian’s article.

On a fun note, Goblinproofing One’s Chicken Coop by Reginald Bakeley recently won the Diagram Prize for oddest book title of the year.

 

 

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1) October 5th: 2012 Animal Law CLE: Sponsored by the OSB Animal Law Section:

Personal Property or Companions? Why the Legal Status of Animals Matters:
Part I:  Overview and Evolution of Animal Law
Part II:  Animals in the Criminal System

2) Late October-early November 2012: The ever popular, forever useful Learning the Ropes, 3-day, CLE. Visit the Law Practice Management 9/17/12, blog post with information and links.

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In the interesting lawsuit news department, the San Jose Mercury News recently reported that a man has sued the California Department of Fish and Game after being attached by a deer: http://www.mercurynews.com/breaking-news/ci_20882238/marin-county-man-sues-state-claiming-deer-attacked.  The man is suing the state for “mismanaging” the deer after it attacked him in his own backyard.

For more information on animal law research, see our new Animal Law legal research guide.  As always, if you need to find a document quickly on the law library’s website, please see the Document Index. All of our legal research guides are available in the Subject Guides section of the law library’s website.