Justice for Animals, Inc. v. Lenoir County SPCA, Inc.

The decision of the Court of Appeals is affirmed. However, inasmuch as the issue of the “poke” procedure was not the basis of plaintiff’s claim nor properly before the Court of Appeals, we specifically disavow the language in Section V. Civil Remedy for Protection of Animals in that court’s opinion:

Testimony presented at trial tended to show that defendant employs a “poke” procedure to determine whether to impound or immediately euthanize an animal. On remand, the trial court should make findings of fact and conclusions of law regarding whether plaintiff has presented sufficient evidence to…