#Oklahoma motorcycle license grandfather clause trialThe appellate court noted that the relief granted by the trial court was broader, as the defendants were divested of all ownership of exotic animals and wildlife, some of which were used in their livestock operation. The USDA and the defendants had come to an agreement whereby the defendants admitted to willfully violating federal regulations under the Animal Welfare Act and the USDA revoked the defendants’ license to operate a zoo exhibiting wild and exotic animals. The plaintiffs pointed to the defendants’ agreement with the USDA to refrain from exhibiting wild animals in the zoo. The plaintiffs alternatively argued that the defendants’ appeal was moot. On appeal, the defendants argued that the trial court incorrectly allowed the plaintiffs to pursue their animal neglect claim, because state law did not provide a private remedy. The trial court also granted the injunction and divested the defendants of their ownership in the animals. The trial court allowed the plaintiffs to proceed with their animal neglect cause of action and found the defendants’ conduct constituted a public nuisance. The plaintiffs also sought to divest the defendants of ownership in the animals and requested the animals be seized. The plaintiffs also alleged the zoo was a public nuisance and sought an injunction to prohibit the defendants from confining animals in inhumane and unsafe conditions. The plaintiffs visited the zoo on at least one occasion and subsequently sued the defendants claiming animal neglect under state law. The USDA would periodically inspect the premises. The plaintiffs visited the defendant’s drive-by zoo where the defendants exhibited exotic animals such as a cougar, a lion, and “the world’s ugliest llama.” The defendants obtained their license to operate a zoo and exhibit wild animals from the USDA in 2002. This page contains summaries of significant recent court opinions involving tort liability cases of importance to agricultural producers and rural landowners.
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