California Court of Appeal
Humane Soc. of the US v. State Bd. of Equalization, A114590
In a suit seeking injunctive and declaratory relief that certain farm equipment statutory tax exemptions should not apply to "battery cage" chicken coops that violate animal cruelty laws, dismissal of the complaint pursuant to a demurrer is affirmed where: 1) an attempt to use CCP section 526a to stop the improper use of battery cages failed because any such use is a significant step removed from any implicated "governmental action"; and 2) appellant's pleas for governmental action to relieve the alleged mistreatment of chickens should be directed to the legislature, not the judiciary.
Appellate Information
- Decided 06/21/2007
- Published 06/21/2007
Judges
- HAERLE, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Peter A. Brandt,Carter Dillard, Jonathan R. Lovvorn, The Humane Society of the United States, Washington D.C., Corey A. Evans, Geneva Page, Evans & Page, San Francisco, for Plaintiffs and Appellants.
- For Appellees:
- Edmund G. Brown, Jr., Attorney General, Randall P. Borcherding, Supervising Deputy Attorney General, Paul D. Gifford, Deputy Attorney General, Oakland, for Defendants and Respondents.