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State of West Virginia v. Humane Society of Raleigh County
Citation: Not availableDocket: 16-0414
Court: West Virginia Supreme Court; January 5, 2017; West Virginia; State Supreme Court
Original Court Document: View Document
The Humane Society of Raleigh County, Inc. appealed a Circuit Court order denying its standing to contest a magistrate court ruling that mandated the euthanization of a dog named Jasper, owned by Brenda Jeffrey and Randall Jerome Smith. The Circuit Court initially granted a petition to destroy Jasper after he bit two young girls, resulting in significant injuries. However, it later vacated its order, citing a lack of jurisdiction due to pending criminal charges against Jeffrey and Smith related to harboring a vicious dog. The magistrate court subsequently conducted a hearing and ordered Jasper's euthanization, which the Humane Society sought to appeal. The Circuit Court dismissed the appeal, ruling that the Humane Society lacked standing because Jeffrey and Smith were the dog's owners, and the Society was merely the physical custodian. The Humane Society contested this decision, claiming the Circuit Court erred in denying it standing. The Supreme Court of Appeals of West Virginia reviewed the case, noting that standing requires a party to demonstrate an injury-in-fact, a causal connection to the conduct in question, and a likelihood of redress through a court decision. Ultimately, the Supreme Court affirmed the Circuit Court’s order, finding no significant legal question or prejudicial error. Petitioner claims it has standing based on the circuit court's treatment during the case, but standing is a jurisdictional requirement that cannot be waived and can be raised at any time. The court references Men. Women Against Discrimination v. Family Prot. Servs. Bd. to support this principle. Petitioner also asserts, without record citations, that ownership of Jasper was transferred in August 2014 and that the circuit court ruled in January 2015 that petitioner was financially responsible for euthanasia and housing costs. These unsupported claims do not aid the court's analysis, as established in State v. Larry A.H., which emphasizes the appellant's burden to demonstrate any errors. The court will only reverse a trial court's judgment if clear error is present in the record. Furthermore, Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure mandates that briefs must include specific citations to the record and legal authority for arguments. The court highlights that petitions lacking proper citations fail to comply with procedural rules, leading to the dismissal of the petitioner's assignment of error. Consequently, the court affirms the lower court's judgment. The decision was issued on January 6, 2017, and concurred by all justices present.