Should Animals Be Allowed to Sue?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one.

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Estate of Albrecht

Citation: 2020 ND 27

Opinion Date: January 29, 2020

Judge: Jerod E. Tufte

Areas of Law: Civil Procedure, Family Law, Trusts & Estates

Glenvin Albrecht (“Glen”) appealed judgment entered in favor of the Estate of Sharleen Albrecht (“Estate”) regarding certain assets in which he had an ownership interest. In February 2010, Glen sued Sharleen for divorce after nearly 50 years of marriage. Sharleen died on July 29, 2013, before a final divorce judgment was entered. The district court entered a final divorce judgment after her death, and the North Dakota Supreme Court reversed, holding Sharleen's death abated the divorce action. Sharleen had a will, and Sharleen and Glen's son, Mark Albrecht, was appointed personal representative of the Estate. In February 2017, the Estate petitioned for the return, partition, and sale of estate assets. The Estate alleged Sharleen owned a one-half interest in various farm machinery, equipment, and vehicles, which were in Glen's control. The Estate alleged a partition and sale of the assets was necessary to satisfy estate expenses. Glen objected to the petition, arguing Sharleen did not have an ownership interest in the assets. A trial was conducted in 2018, the result of which ended with judgment in favor of the estate. Glen argued on appeal that the district court erred by finding Sharleen had an interest in the assets at issue, and the court abused its discretion by allowing personal representative’s and attorney’s fees. Finding no reversible error or abuse of discretion, the North Dakota Supreme Court affirmed.

Aftem Lake Developments Inc. v. Riverview Homeowners Assoc.

Citation: 2020 ND 26

Opinion Date: January 29, 2020

Judge: Gerald W. VandeWalle

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

Gerald Aftem and Aftem Lake Developments Inc. (Aftem) appealed a district court judgment dismissing its lawsuit against the Riverview Homeowners Association. In 1998, Aftem purchased 10.69 acres of real property in Mountrail County. Aftem subdivided part of the property into three platted subdivisions; Arrowhead Point, Bridgeview, and Riverview Estates, collectively referred to as the Riverview Subdivisions. Each subdivision plat stated the roads and public rights of way were dedicated to the public. In 2015, the Riverview HOA developed and built a water utility system for the subdivisions. Portions of the water system were located underneath the platted subdivision roads. Aftem sued the Riverview HOA for trespass and negligence, alleging it did not have permission to run its water lines underneath the subdivision roads to which Aftem claimed ownership. Aftem claimed it owned the roads within the subdivision because, although the County Commission approved the plats, the County did not maintain the roads. Riverview HOA denied the allegations, claiming the County Commission’s approval of the subdivision plats divested Aftem of ownership in the subdivision roads. The district court granted Riverview HOA’s motion and concluded Aftem had no ownership interest in the subdivision roads. The North Dakota Supreme Court affirmed, finding Aftem’s subdivision plats satisfied N.D.C.C. section§ 40-50.1-01, 40-50.1-03, and 40-50.1-04. "The plats dedicated the use of the subdivision roads and public rights of way to the public forever. Thus, under N.D.C.C. 40-50.1-05, Aftem’s dedication of the subdivision roads and public rights of way divested Aftem of ownership in the roads."