[Download] "Martha Coyle and Ben Coyle v. City Delano" by Court of Appeals of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: Martha Coyle and Ben Coyle v. City Delano
- Author : Court of Appeals of Minnesota
- Release Date : January 10, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Minn. Stat. § 35.71, subd. 3 (1992) creates a public right to access and imposes a legal duty on the humane society to maintain records of animals seized by public authority. A peremptory writ may issue without permitting a defendant the opportunity to answer or show cause. There is no statutory or constitutional right to a jury trial when material facts in a mandamus action are undisputed. SHORT, Judge Martha and Ben Coyle (""the Coyles"") filed a petition for a peremptory writ of mandamus seeking the return of their dog, an award of costs, and punitive damages. The City of Delano (""city"") and the Delano City Council (""council"") moved to dismiss. The Coyles filed an amended petition to compel information on the whereabouts of their dog, facilitation toward the return of their dog, and an award of costs and punitive damages. The Wright County Humane Society (""humane society"") orally moved to dismiss the Coyles' petition. After a hearing, the trial court concluded the dog was no longer in the custody or control of the city or humane society, and: (1) dismissed with prejudice the city, the council, and individual members of the humane society board; (2) dismissed without prejudice the Coyles' claim for punitive damages; and (3) ordered the humane society to give the Coyles the name and address of the person who had bought their dog. On appeal, the humane society argues the Coyles do not have standing to bring this action and the trial court failed to follow the proper procedures when issuing the writ of mandamus.