This is an appeal by Mr. Pryor from the decision of the Animal Care Review Board. He asked that the decision of the Board be set aside and that the affected animals be returned to him.
The SPCA received a call from a veterinarian with concerns about whether the horses were receiving adequate food. Her concern was based on something told to her by a third party. An agent of the SPCA drove to the farm and made observations from the public roadway. Based on what she saw, the SPCA applied for a warrant to enter upon the farm property, and it was granted.
The warrant was executed and the inspector found 18 mares. Many had hooves were badly cracked and overgrown. She also judged their body condition to be poor based upon their visible skeletal structure.
The appellant took the position that his horses should be returned to him immediately because removal was unnecessary to meet the concerns of the SPCA. The SPCA took the position that the removal of the horses was justified on the basis that they were in distress, that they required treatment that could not reasonably be administered on the appellant’s farm.
The appellant’s horses were ready for return. Accordingly, the Court ordered that the horses be returned to Mr. Pryor upon payment to the SPCA.
Source: Case Law