Legal Opinion

State v. Nelson

Court of Appeals of Minnesota

Decided May 4, 1993No. C5-92-1490PublishedCited by 1 opinion

1Opinion of the Court

OPINION

SCHUMACHER, Judge.

Tammie Nelson appeals her conviction under a Maplewood zoning ordinance, arguing that her pet rooster is not livestock prohibited by the ordinance. We reverse.

FACTS

Nelson keeps Jerry, an eight-year-old adult rooster, at her Maplewood residence as a pet. Jerry is housed in a cage in Nelson’s yard and is prone to herald the breaking of dawn each day with a resounding cock-a-doodle-doo. The city alleges that neighbors have frequently complained about the rooster’s crowing. 1 In June of 1992, Nelson was cited by the city’s environmental health officer for violation of…

2Cases cited6 opinions

  1. Frank's Nursery Sales, Inc. v. City of RosevilleSupreme Court of Minnesota · 1980
  2. State v. Larson Transfer & Storage, Inc.Supreme Court of Minnesota · 1976
  3. Meader v. Unemployment Compensation Division of the Industrial Accident BoardIdaho Supreme Court · 1943
  4. BBY INVESTORS v. City of MaplewoodCourt of Appeals of Minnesota · 1991
  5. Farmington Township v. High Plains CooperativeCourt of Appeals of Minnesota · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Levine v. ConnerDistrict Court, N.D. California · 2008

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