Justia Animal / Dog Law Opinion Summaries

Boyle Ventures, LLC (Boyle) operates franchised retail pet stores selling cats and dogs from USDA-regulated breeders. After obtaining a business license in Fayetteville, the City Council passed Ordinance No. 6587, prohibiting such sales unless the animals were obtained from approved shelters or rescue organizations. Boyle filed suit against the City, seeking a declaratory judgment that the Ordinance violated Arkansas statutes, injunctive relief, and damages under the Arkansas Civil Rights Act. The parties agreed to a temporary restraining order, preventing the Ordinance from taking effect. Before the circuit court could rule, the City repealed the Ordinance, rendering the declaratory relief moot. The circuit court ultimately ruled in favor of the City, finding the Ordinance conflicted with state law but that the City was protected by qualified immunity.The Benton County Circuit Court dismissed Boyle's complaint, finding that the Ordinance conflicted with state law but that the City was immune from damages as it did not violate clearly established constitutional rights. Boyle appealed, arguing the Ordinance violated the Arkansas Constitution and that the City was not immune from damages. The City cross-appealed, arguing the Ordinance did not violate state law.The Supreme Court of Arkansas reviewed the case and held that the circuit court erred in finding the Ordinance violated state law because it never went into effect and did not deprive Boyle of any rights or cause damages. Consequently, the court reversed the circuit court's decision on the cross-appeal and remanded for dismissal. The direct appeal and any remaining issues were dismissed as moot. View "BOYLE VENTURES, LLC V. CITY OF FAYETTEVILLE" on Justia Law