Summary:
The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement.
Summary:
The issue of county versus local control over livestock regulations came to a head when the Iowa Supreme Court invalidated a series of ordinances that had been enacted by the Humboldt County Board of Supervisors to add additional regulations to the livestock industry and to address problems created by confined animal feeding operations in the county. The court ruled that the ordinances were inconsistent with state law and invalid under the doctrine of implied preemption.
Summary: The issue before the Iowa Supreme Court was whether hog confinement buildings could be considered “agricultural” so as to fall within the state's agricultural zoning exemption. The court held that h og confinement buildings were within the agricultural building exemption and thus exempt from county zoning regulations.
Summary:
In this case, the Supreme court of Iowa held that hog confinement buildings were agricultural buildings and thus exempt from county zoning ordinances.
Summary:
This appeal stems from an action against a defendant veterinarian for the alleged negligent vaccination of plaintiff’s pregnant hogs (gilts). The court articulated the standard of care: "As a veterinarian defendant was duty bound to bring to his service the learning, skill and care which characterizes the profession generally. In other words, the care and diligence required was that as a careful and trustworthy veterinarian would be expected to exercise. . . We are convinced the correct standard of the veterinarian's care should be held to that exercised generally under similar circumstances."
Summary:
In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup. On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels. The court disagreed, finding the Act expressly contemplates state and local regulation of animals. Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area.
Summary:
Court held that intensive egg-laying facilities did not constitute buildings used for 'agricultural purposes' and were not exempt from county zoning ordinances.
Summary:
During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade. Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog. In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog.
Summary:
Rural electric cooperative association caused fire that destroyed hog farrowing facility. Customers sued to recover damages. The Supreme Court held that: (1) punitive damages were not recoverable; (2) customers did not have claim for intentional infliction of emotional distress; but (3) evidence of lost profits from future pig litters as a measure of business interruption damages should not have been excluded.
Summary:
The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.
