Summary:
The city council ordered the destruction of a dog after finding it to be a dangerous animal and the owner appealed. The Court of Appeals held that procedural due process required that the owner should have been given a meaningful opportunity to contest the declaration of the dog as a “potentially dangerous animal” before it was declared a “dangerous animal” under the city ordinance.
Summary:
In this Minnesota case, the appellant challenges the district court's order designating his dog a "dangerous dog" under Minn.Stat. § 347.50, subd. 2(2) (2004). The appellate court held that the city lacked authority to bring action to enforce non-self-executing statutory provision concerning dangerous dogs. While the city of Arden Hills argues that the legislature, in section 347.53, gives cities "the power to enforce the dangerous dog statute, section 347.53 authorizes cities to "regulate potentially dangerous dogs," a statutory category expressly separate from and exclusive of "dangerous dogs." The court stated that the issue is whether Arden Hills may enforce the statute without first adopting it or promulgating procedures for its enforcement. Further, while it is undisputed that Scooter was badly injured by Molly during the attack, she was not dead then or upon arrival at the veterinary clinic. The owners undertook the decision to euthanize rather than treat the injured dog.
Summary:
A paper manufacturing company sprayed pesticides on their tree grove, but accidentally over sprayed killing some of plaintiff's commercial bees. The commercial beekeeper sued the paper manufacturing company and the trial court granted summary judgment in favor of the paper company. The Supreme Court of Minnesota ultimately reversed the grants of summary judgment on the commercial beekeeper's negligence claims and affirmed dismissal of the nuisance claims.
Summary:
Plaintiff was injured by a police dog during the arrest of her husband. Plaintiff sued under a Minnesota Statute requiring strict liability for dog injuries. The trial court held the statute applied to police dogs, the Court of Appeals reversed, and the Supreme Court ultimately held the statute does apply to police dogs.
Summary:
Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion. This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others.
Summary:
Dog owner brought action for damages against city and police officers that shot his dog, seeking punitive damages. The court observed that under Minnesota law dogs are personal property, and thus, the proper measure of compensatory damages for destroying an animal is the fair market value of the animal. The court further held Soucek cannot recover punitive damages for the loss of his pet because he only suffered property damage. Compensatory damages for the loss of Soucek's pet are limited to the fair market value of the animal.
Summary:
In this Minnesota case, a rider brought an action for personal injuries suffered after the defendant-owner's horse bolted while the rider was mounting the horse. The lower court entered judgment notwithstanding the verdict for the owner. The rider appealed. The Court of Appeals held that evidence showing that the horse had previously bolted was sufficient to create an issue for the jury as to whether the horse had a propensity to be dangerous. Further, with regard to whether the owner was negligent in allowing the rider to mount without properly adjusting the saddle equipment, the court found that the jury could have properly found both parties were negligent in failing to adjust the stirrups.
Summary:
At issue is an Eagan, Minnesota ordinance that provides an impounded animal must be held for five days before being destroyed. In direct contravention of the ordinance and statute, Eagan animal warden Cary Larson and police officer Robert O'Brien, in performance of their duties, intentionally killed Timothy Wilson's pet cat on the same day it was properly impounded. By first finding that punitive damages were not precluded by statute against municipal employees, the court then examined whether punitive damages were appropriate in this case. While the court did not find that Larson acted with malice, it did find that his conduct in violating the statute showed a willful disregard for property rights.
Summary:
This case considers whether the trial court erred when it dismissed the felony count of unjustifiably killing an animal based on lack of probable cause. The incident stems from the killing of the neighbors' cat with a shotgun by defendant-respondent. At trial, he filed a motion to dismiss for lack of probable cause that was accompanied by a notarized affidavit of the responding police deputy stating the shooting of the cat was "justified." The trial court dismissed the complaint finding insufficient evidence that respondent had unjustifiably killed the cat. On appeal, the court found the district court's reliance on the deputy's lay opinion was improper. The court found it was within the jury's province to determine whether respondent's actions were justified or unjustified based on the evidence at trial.
Summary:
A city ordered a dog to be destroyed after three separate biting incidents. Upon the owner’s appeal of the city’s determinations, the appeals court reversed the city’s decision to destroy the dog because the city had not allowed the owner an opportunity to challenge the “potentially dangerous” determination. The appeals court (800 N.W.2d 663 (Minn.App.,2011) held the city had therefore violated the owner’s procedural due process rights. Upon review by the Supreme Court of Minnesota, however, the court held that the owner’s procedural due process rights were not violated because the “potentially dangerous” determination did not deprive the owner of a property interest and because the city satisfied the basic requirements of procedural due process. Additionally, the court found that the dangerous dog and the destruction determinations were not arbitrary or capricious. The court therefore reversed the decision of the court of appeals, upheld the city's “dangerous dog” determination, and affirmed the city's order of destruction.
