Justia Wisconsin Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
The Supreme Court affirmed the order of the circuit court deciding that the Wisconsin Department of Natural Resources (DNR) had the explicit authority to impose and animal unit maximum condition and an off-site groundwater monitoring condition upon a Wisconsin Pollutant Discharge Elimination System (WPDES) it reissued to Kinnard Farms, Inc. for its concentrated animal feeding operation (CAFO), holding that the circuit court did not err.On review, the circuit court concluded that the DNR had the explicit authority to impose the animal unit maximum and off-site groundwater monitoring conditions on Kinnard's reissued WPDES permit pursuant to Wis. Stat. 283.31(3)-(5) and related regulations. The Supreme Court affirmed, holding that the DNR had the explicit authority to prescribe the animal unit maximum condition and the off-site groundwater monitoring condition. View "Clean Wisconsin, Inc. v. Wisconsin Department of Natural Resources" on Justia Law

George Kontos owned property that his daughter lived in with her family and multiple dogs. Plaintiff was injured on Kontos’ property when she was bitten multiple times by the dogs. Plaintiff filed a complaint against Kontos and his insurance company, alleging that Kontos was liable for her injuries under Wis. Stat. 174.02(1), which imposes strict liability on dog owners for injuries caused by their dogs. The circuit court determined that Kontos was a statutory owner because he gave shelter to his daughter and her dogs. The Supreme Court reversed, holding (1) mere ownership of the property on which a dog resides is not sufficient to establish that an individual is an owner of a dog under section 174.02; and (2) Kontos was not an “owner” under the statute where he did not legally own or keep the dogs and because he was not a “harborer” as evidenced by the totality of the circumstances. View "Augsburger v. Homestead Mut. Ins. Co." on Justia Law

Posted in: Animal / Dog Law