Coyle v. City of Delano

• Decision Date: 10 January 1995
• Docket Number: No. C6-94-1146,C6-94-1146
• Citation: 526 N.W.2d 205
• Parties: Martha COYLE and Ben Coyle, individually and as guardians for their two minor children, Josh and Kelly Coyle, Petitioners, Respondents, v. CITY OF DELANO, et al., Lower Court Respondents, Wright County Humane Society, Appellant.
• Court: Minnesota Court of Appeals

Page 205

526 N.W.2d 205

Martha COYLE and Ben Coyle, individually and as guardians for their two minor children, Josh and Kelly Coyle, Petitioners, Respondents, v. CITY OF DELANO, et al., Lower Court Respondents Wright County Humane Society, Appellant.

No. C6-94-1146.

Court of Appeals of Minnesota.

Jan. 10, 1995.

Syllabus by the Court

Minn.Stat. Sec. 35.71, subd. 3 (1992) creates a public right to access and imposes a legal duty on the humane society to maintain records of animals seized by public authority. A peremptory writ may issue without permitting a defendant the opportunity to answer or show cause. There is no statutory or constitutional right to a jury trial when material facts in a mandamus action are undisputed.

Gregory T. Spalj, Holly A.R. Hart, Fabyanske, Svoboda, Westra, Davis & Hart, P.A., Minneapolis, James F. Lord, Miles W. Lord & Associates, Chanhassen, for respondents Martha Coyle and Ben Coyle, individually and as guardians for their two minor children, Josh and Kelly Coyle, petitioners.

Timothy J. Shields, Shields Legal Services, P.A., Hopkins, for appellant Wright County Humane Society.

John P. Borger, Faegre & Benson, Minneapolis, for amicus curiae Star Tribune.

Considered and decided by SHORT, P.J., and NORTON and PETERSON, JJ.

OPINION

SHORT, Judge.

Martha and Ben Coyle ("the Coyles") filed a petition for a peremptory writ of mandamus seeking the return of their dog, an award of costs, and punitive damages. The City of Delano ("city") and the Delano City Council ("council") moved to dismiss. The Coyles filed an amended petition to compel information on the whereabouts of their dog, facilitation toward the return of their dog, and an award of costs and punitive damages. The Wright County Humane Society ("humane society") orally moved to dismiss the Coyles' petition. After a hearing, the trial court concluded the dog was no longer in the custody or control of the city or humane society, and: (1) dismissed with prejudice the city, the council, and individual members of the humane society board; (2) dismissed without prejudice the Coyles' claim for punitive damages; and (3) ordered the humane society to give the Coyles the name and address of the person who had bought their dog. On appeal, the humane society argues the Coyles do not have standing to bring this action and the trial court failed to follow the proper procedures when issuing the writ of mandamus.

FACTS

The Coyles and their two children own a German short-haired pointer dog. On Tuesday, March 15, 1994, the city found the Coyles' dog unleashed and roaming the streets. A city employee transported the dog to the humane society.

On Wednesday, March 16, the Coyles discovered their dog at the humane society. Before they could take their dog home, the Coyles had to pay the city a twenty dollar fine at the Delano courthouse. Due to their work schedules and inconvenient courthouse office hours, the Coyles were unable to pay the fine until Monday, March 21.

After paying the fine, the Coyles returned to the humane society to retrieve their dog. The Coyles were informed their dog was on the premises, but could not be returned to them because another individual had paid money to purchase the dog. The next day, the Coyles returned and insisted on securing their dog. The humane society said the dog was gone and refused to tell the Coyles who had purchased their dog or the dog's present location.

ISSUES

I. Do the Coyles have standing to bring an action under Minn.Stat. Sec. 35.71, subd. 3 (1992)?

II. Did the trial court follow the proper procedures when issuing the peremptory writ of mandamus?

ANALYSIS

Mandamus is an extraordinary legal remedy awarded, not as a matter of right, but in the exercise of sound judicial discretion and upon equitable principles. State ex rel. Hennepin Co. Welfare Bd. v. Fitzsimmons, 239 Minn. 407, 422, 58 N.W.2d 882, 891 (1953). A trial court's order on an application for mandamus relief will be reversed on appeal only when there is no evidence reasonably tending to sustain the trial court's findings. State ex rel. Banner Grain Co. v. Houghton, 142 Minn. 28, 30, 170 N.W. 853, 853 (1919); Popp v. County of Winona, 430 N.W.2d 19, 22 (Minn.App.1988), pet. for rev. denied (Minn. Nov. 23, 1988).

I.

To obtain a writ of mandamus, a petitioner must meet standing requirements. Minn.Stat. Secs. 586.01-.02 (1992). A petitioner must demonstrate: (1) the failure of an official duty clearly imposed by law; (2) a public wrong specifically injurious to petitioner; and (3) no other adequate specific legal remedy. Minn.Stat. Secs. 586.02, .04 (1992); State ex rel. Coduti v. Hauser, 219 Minn. 297, 302, 17 N.W.2d 504, 507 (1945) (quoting State ex rel. Schwartzkopf v. City Council, 121 Minn. 182, 187, 141 N.W. 97, 99 (1913)); see Friends of Animals & Their Environment (FATE) v. Nichols, 350 N.W.2d 489, 491 (Minn.App.1984) (mandamus requires the existence of a law specifically requiring the performance of an act which is a duty imposed on a person resulting from the office that person occupies and a showing of a public wrong especially injurious to the petitioner), pet. for rev. denied (Minn. Dec. 20, 1984).

As an agency having custody of animals that are seized under public authority, the humane society has an official duty imposed by law to maintain certain records. Minn.Stat. Sec. 35.71, subd. 3 (1992) provides:

All animals seized by public authority must be held for redemption by the owner for at least five regular business days of the impounding agency or for a longer time specified by municipal ordinance.

* * * Establishments must maintain the following records of the animals in custody, and preserve the records for at least six months: * * * (e) the name and address of the person to whom any animal three months of age or over was transferred.

The records must be maintained in a form permitting easy perusal by the public. A person may view the records and animals in custody at any time during which the establishment is open to the public.

The statute unambiguously creates a public right to access certain information about animals seized by a public authority. The Coyles are members of the public. By refusing to identify the party to whom the Coyles' dog was transferred, the humane society violated the statute.

That public wrong is especially injurious to the Coyle family. It is undisputed that: (1) the Coyles owned their dog for over three months; (2) the dog was seized by the city and transferred to the humane society; (3) the humane society transferred the dog to an unknown third party; (4) the humane society maintains the records required by the statute; and (5) the humane society refuses to disclose the name of the transferee. The Coyles cannot substantiate their claims or retrieve their dog until they discover the name of the transferee. See Victor Co. v. State, 290 Minn. 40, 45, 186 N.W.2d 168, 172 (1971) (mandamus will lie only where there is no other adequate remedy at law). An order compelling the humane society to disclose the records would remedy their injury. Under these circumstances, the Coyles have standing to bring this action under Minn.Stat. Sec. 35.71, subd. 3.

II.

Minn.Stat. Secs. 586.01-.12 (1992) describe when and under what circumstances a writ of mandamus may issue. The humane society argues the trial court did not follow the statutory procedures...