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Showing posts with label Property. Show all posts
Showing posts with label Property. Show all posts

Thursday, February 28, 2013

Ugh, No! Bones of More Than 200 Dogs Found on Awful Dude's Property

After neighbors complained about a "foul stench" coming from a Goose Creek, SC, home, police investigated. They found more than 40 malnourished dogs, a mix of Hounds and Beagles. 

That was shocking, but it was nothing compared to what they found themselves walking through in the yard -- "thousands of dog bones," according to KSLA.com, which were strewn about the woods behind the home. 

"That's when they began to uncover the gravity of the situation," said Berkeley County Sheriff's Office spokesman Dan Moon.

All in all, authorities estimate that the bones of more than 200 dogs are on the property. 

"It's a terrible sight," said Moon. "When you look at the carcasses of the animals and the bones everywhere, it's horrific."

Crews have made a few sweeps of the land and concede there is no way they've found all the bones. Yet they have more than enough evidence. 

"They've got search teams, and they're going back through there again and marking the bones as they find them -- marking the carcases and marking the bones, because some of them have been back there a very long time," said Moon.

How did the dogs die? Preliminary investigation points to neglect as well as murder. 

"Some of them we already found do have bullet holes in their heads," said Moon. 

As for the owner of the property, 64-year-old Loney L. Garrett, he's been charged with 43 felony counts of ill treatment of animals.

A neighbor said that animal control had visited the man four years ago,and had left without acting, which outraged the neighbor.

"There were skeletons in the ditch of dogs that had just died," she said. "It looked like they had just been tossed to the side."

Unbelievably, Garrett has one defender: his daughter-in-law.

"He's not a bad person," Diane Luckie told ABC News 4. "He's not done anything wrong but love those animals. ... This is his hobby, to hunt deer and rabbits. He enjoys everything that he does with those dogs. He has no intentions to hurt those animals."

As for the 45 alive dogs found on the property, which Moon calls "so emaciated, just skin and bones"? 

"Those are hunting dogs. They run. They carry their weight off," Luckie said. "You don't want no fat dog."

Fortunately, we're confident that no judge in his or her right mind will see it that way. 

Via KSLA.com and ABC News 4


View the original article here

Friday, January 6, 2012

Groundbreaking Court Ruling Takes Dogs Beyond “Property” Status; Major Pet Industry Groups Not Happy

A Texas appeals court ruling has given dogs increased status over other forms of property. The dog in this photo may actually be worth more than the table he is sitting on now. (Photo from the Flickr photostream of geevee41)

A Texas appellate court has made the bold move of effectively taking dogs out of the “property” category and giving them increased legal status. It provides an updated reinterpretation of the law, which traditionally views pets as worth only their market value — like a table or a car.

The Second Court of Appeals in Fort Worth overturned a lower court’s ruling that a couple whose dog was wrongfully euthanized was entitled to damages for only the dog’s monetary worth. The new ruling allows for a dog’s true worth to be considered.

“Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent court law to acknowledge that the special value of ‘man’s best friend’ should be protected,” the Court’s opinion stated.

With the ruling, the owners of the dog, Avery, could be entitled to damages for “sentimental” or “intrinsic” value. Avery escaped from his yard and was brought to an animal shelter. They went to claim him, but didn’t have enough money, so they made arrangements to return when they had it. Despite a “hold for owner” tag on Avery’s cage, a shelter employee euthanized him days before his number was up. When the couple came back to pay for Avery’s fee, they got the terrible news.

Ironically, in some instances dogs have not been given the same value even as some forms of property. If someone destroys family heirlooms that are of great sentimental value, even though the heirlooms may be nearly financially worthless, damages can be awarded because of their sentimental value. The new court ruling, for which the appellate justices cited a 120-year-old Texas Supreme Court decision as precedent, gives pets at least the same value as other items that are of negligible monetary value but great intrinsic worth.

“Because of the special position pets hold in the family, we see no reason why existing law should not be interpreted to allow recovery in the loss of a pet at least to the same extent as other personal property,” Justice Lee Gabriel wrote.

The shelter worker who ended Avery’s life will appeal the decision. She will be in some pretty powerful company. Surprisingly — at least at first glance — some of the top pet-industry organizations in the nation are adamantly opposed to the court’s decision. The American Veterinary Medical Association (whose well-done newsletter article is the main source for my post), American Kennel Club, the Cat Fanciers’ Association, Animal Health Institute, American Pet Products Association, and Pet Industry Joint Advisory Council are among those who filed briefs asking the justices to reconsider.

These groups say they fear that the liability from “pain and suffering” claims would cause pet service fees to have to increase greatly and make veterinary care unaffordable for many people with pets.

“If this becomes the law of the land, it will lead to higher costs to own a pet, disproportionally hurting middle-class and low-income pet owners. Who will pay for those higher damage awards? The rest of us pet owners, of course,” said Adrian Hochstadt, AVMA assistant director of state legislative and regulatory affairs. “The obvious consequences will include fewer people being able to own pets and, unfortunately, more animal abandonment.”

Opponents say the verdict “isolates the Second Court of Texas in American jurisprudence and … violated Texas Supreme Court law.” Legal experts say the case will likely end up in Texas Supreme Court. It will be interesting to watch this unfold. I f the Supreme Court upholds the appeals court’s decision, what will the implications be across the nation and across animal law? Could it be the start of a sea change as to how dogs are considered and treated? Could it lead to stiffer punishments of those who abuse animals?

I was initially disillusioned when I learned that such major pet industry organizations were opposed to what seemed like something they’d support: that the value of a pet goes beyond its market worth. But they see this as opening the doors to all kinds of pricey lawsuits, so I guess I should not be surprised that they’ve come out swinging. I’m very interested in your thoughts on this, Dogsters. Also, if there are any legal experts out there who can weigh in, or who can offer some perspective on the case, I’d love to hear from you.




View the original article here