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

TYSON, Judge.

Justice for Animals, Inc., (“plaintiff’) appeals from an Order that granted Lenoir County SPCA, Inc.’s (“defendant”) motion for an involuntary dismissal pursuant to Rule 41(b) of the North Carolina Rules of Civil Procedure. We vacate portions of the trial court’s order, and reverse and remand in part.

I. Background

Plaintiff filed a complaint pursuant to N.C. Gen. Stat. § 19A-1, et. seq., seeking injunctive relief and asserting defendant was causing unjustifiable physical pain, suffering, and death in its euthanization of animals. Plaintiff alleged that defendant’s practice of…