0912LivestockOwnerLosesAppe.cfm Malatya Haber Livestock owner loses appeal in livestock abuse case
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Livestock owner loses appeal in livestock abuse case


On Aug. 30, the Colorado Court of Appeals affirmed the decision of Logan County District Court Judge Vannoy to restrain permanently Gilbert Dean Schuman, of Schuman Cattle LLC, from owning, managing, tending, or otherwise possessing cattle in Logan County.

Schuman had requested appellate review of Judge Vannoy's decision, claiming that Judge Vannoy's order was unnecessarily broad and violated Schuman's constitutional rights to use his property to carry on a legitimate business.

The Colorado Court of Appeals' opinion supported in whole the district court's decision to permanently restrain Schuman from owning and managing livestock in Logan County. The Court of Appeals' opinion relied heavily on the testimony of the experts, and its author, Judge Terry, found: "The legislature's clear intent is to protect livestock and companion animals from such mistreatment and neglect..." and concluded that, "The Act authorized the trial court to permanently enjoin defendants from future ownership of livestock to enforce compliance with the Act's provisions."

This published opinion supports the Commissioner's authority to enforce the Animal Protection Act and the state's district courts' authorities to fashion relief that supports the Commissioner's responsibilities with regard to the protection of livestock in Colorado.

"This was one of the most egregious cases of animal neglect I have ever seen. I am very pleased that existing laws worked and that justice prevailed in this case," said Scot Dutcher, Chief Bureau of Animal Protection.

"Schuman is not representative of Colorado's livestock community," said State Veterinarian Keith Roehr. "Colorado ranchers are committed to the care of their animals and abuse such as this will not be tolerated."

Date: 10/8/2012

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