Vermont

VT - Endangered Species - Chapter 123. Protection of Endangered Species

Summary: These Vermont statutes set out the state's endangered species provisions, including the related definitions, rules for listing species, and regulations for establishing the committees. Violation of the provisions against taking incur criminal enforcement and restitution. Interestingly, there is a provision that provides for the location of listed endangered species to be kept confidential.

In re Estate of Howard Brand, Late of Essex Junction, Vermont

Summary:

This Vermont case considers the effectiveness of a clause in a testator’s will that directs his executor to destroy any animals that he owns at the time of his death. The testator, Howard Brand, was believed to have owned four horses and one mule at the time of his death. An unincorporated association entitled, “The Coalition to Save Brand’s Horses” was formed in response to this unusual post-mortem request, and sought to intervene in the lawsuit. In a clear case of first impression in Vermont, the Chittenden County Court held that the clause as set forth in Brand’s last codicil mandating the destruction of his animals is void as contrary to public policy.

VT - South Burlington - Backyard Chicken Ordinance

Summary:

The purpose of this South Burlington, Vermont ordinance is to provide standards for keeping no more than 6 noncommercial, domesticated female chickens in a lot and to ensure that the domesticated chickens do not adversely impact surrounding neighborhood properties. To do so, the city of South Burlington requires a person to obtain an annual permit and to demonstrate compliance with the criteria and standards listed in this ordinance. A violation of this ordinance will result in a $25 fine and may result in a permit revocation; a violation of this ordinance also provides grounds for removing chickens and chicken-related structures from a lot.

VT - Brattleboro - Chapter 3: Animals and Fowl (Article 2: Dogs, Wolf-Hybrids)

Summary:

In Brattleboro, Vermont, owners or keepers of assistance dogs are exempt from the license surcharge fee, but are still required to pay a basic license fee plus a fee for the statewide rabies program. When obtaining a license, owners or keepers of assistance dogs must provide documentation of their assistance dog’s training. The following ordinances also indicate which dogs are eligible as assistance dogs.

Vosburgh v. Kimball

Summary:

This case involves an action by a dog owner against farmer for wrongfully impounding dogs and against town constable for wrongfully killing the dogs.  The Vermont Supreme Court held that farmer had acted in a reasonable and prudent manner by contacting the constable, where he never intended to "impound" the dogs when he secured them overnight in his barn after finding them in pursuit of his injured cows.  However, the issue of whether the dogs were wearing a collar as required by state law precluded the granting of a directed verdict for the constable.  (Under state law, a constable was authorized to kill dogs not registered or wearing a prescribed collar.)  The court held that it was necessary for the jury to make this determination.

Scheele v. Dustin

Summary:

A dog that wandered onto defendant’s property was shot and killed by defendant. The dog’s owners sued under an intentional tort theory and a claim for loss of companionship. The Supreme Court upheld the award of economic damages for the intentional destruction of property. It also held that the owners could not recover noneconomic damages for emotional distress under Vermont common law.

Lamare v. North Country Animal League

Summary:

Owners of a licensed dog that escaped while not wearing its tags filed an action against a local animal shelter that ultimately released the dog to others for adoption.  The court held that the town's actions fully complied with its animal control ordinance and that its ordinance provided ample notice to plaintiffs consistent with state law and due process requirements.

Morgan v. Kroupa

Summary: Finder found Owner’s lost dog.   Finder posted signs in order to locate Owner.   More than a year later, the owner contacted Finder to take back the dog.   However, Finder was permitted to keep the dog, since she had cared for the dog and made good efforts to locate the true owner.