Re: Cotton

2005-12-09 Thread Presto



Have you had an ultrasound 
done?
 
Presto

  - Original Message - 
  From: 
  Nina 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Saturday, December 10, 2005 2:26 
  AM
  Subject: Re: Cotton
  I don't know Sandy, I don't have any experience with treating 
  lymphoma.  Michelle is our resident expert on that, (unfortunately for 
  Michelle).   I do know that I've stopped listening so gravely to the 
  prognosis' of vets.  Miracles happen every single day and since this is a 
  suspicion and has not been determined, I would fight hard against the urge to 
  give up hope that Cotton is here for a good long while.  Didn't you say 
  that he was acting like the feisty little kitten he is?  What did this 
  vet suggest as your next move?  Is it possible that new 
  xrays/diagnostics  might show something different now that he seems in so 
  much better health?  What did his blood work indicate?  Keep your 
  chin up, we're all pulling for you and Cotton.NinaDudes wrote: 
  



Hi Everyone;
I got a second opinion on Cotton's 
xray of his 2 view abdomen which we got when he was sick almost a month 
ago.  The vet said that Cotton's liver and kidneys are 
enlarged, which makes her very suspicious of lymphoma.  She said that 
if this is the case in both his kidneys and liver at such a young age, his 
prognosis is poor.  
Any thoughts?
Sandy
 
 
 


Re: Hideyo's court case 19th??

2005-12-09 Thread Presto



Hi Hideyo,
 
Thank you, and I want to apologize to 
you.  I shouldn't have asked so many questions.  But most of all, I 
should never have suggested that you "not get herself into this situation again" 
regarding the number of cats you have, in the context of offering to transport 
them.  That was completely out-of-line on my part, it wasn't 
polite, and I'm very ashamed that I said that.  I profoundly 
apologize.  Sometimes I phrase things very badly and don't think them 
out.  I feel awful about it.
 
I understand exactly why you have so 
many, and why you'll continue to take them in.  
 
When Everett and I moved into our house, 
over two years ago, we swore not to take in any more cats.  We moved here 
with 32.  Since then, ten positives have died.  And five escaped by 
mistake through pet-proof fencing that initially wasn't pet-proof, and were 
probably killed by coyotes.  You would think we'd be down to 17.  Then 
why is it that we have 36?  Because in those cases, it was a 
take-them-in-or-they'll-die situation.  There wasn't a humane 
alternative.  I wrote a description of how we got them and why, but it was 
bounced back to me because it was too long for this website.
 
Like you, all but two of our cats are 
unplaceable, for the same reasons.  And, like you, we've spent a lot of 
money on altering our house for the cats.  It cost us ten-thousand to 
replace the carpeting with wall-to-wall vinyl throughout the house.  You've 
spent four times as much.
 
If five outdoor colonies are dependent 
upon you, and if no one is there to take over their maintenance from you, then 
how can you move?  I understand.  Someone took over the colony we were 
helping with when we moved.  (But first, we trapped all the ones we 
could--and took them with us.  You don't have that option;  you're too 
crowded.)
 
Ev and I did our rescue and foster work 
from rented apartments until two years ago.  We always had to hide the 
cats, or find sympathetic landlords (which was difficult).
 
I'd love to hear your stories about how 
you got all of your cats, probably privately so that we don't take up 
webspace.  Please?
 
Love and luck,
Presto
 
 
 
 
 
 

  - Original Message - 
  From: 
  Hideyo Yamamoto 
  To: felvtalk@felineleukemia.org 
  
  Sent: Thursday, December 08, 2005 7:32 
  PM
  Subject: RE: Hideyo's court case 
  19th??
  
  
  Oh.. Presto – you are 
  so sweet – and I appreciate your offer – but it will be impossible to find 
  homes for all my cats – I have so many.. I hate to mention the number, but I 
  do. I don’t know anyone else who has as many as I do – and most of them are 
  feral cats and they will not do well if they are moved ---medical conditions 
  are different from cats to cats.. but no one else will be able to even touch 
  them as they are so skittish 
   
  I posted the very 
  ordinance which stops me having the cats I have – I guess, I would sell my 
  house and move to other area if it comes to that.. fortunately the value of my 
  property has gone up so much lately that I can sell at least for twice as much 
  as I had originally paid for.. but I also take care of about stray kitties in 
  5 different colonies in my area.. so I really hate to move.. I also spent 
  $45000 to on my house to accommodate my cats area.. so I hate to leave the 
  house, too.  
   
  But they are not 
  going to take my cats away, meaning I won’t let them.. I won’t know how.. but 
  I am not going to let that happen.. I promised these guys that I will give 
  them a better life and I will take care of them for the rest of their lives.. 
  and I just have to figure out…
   
  Maybe, my baby 
  Garfunkle who passed away will be guiding me as an my guardian angel and 
  watching me and his friends from heaven and somehow a miracle will happen 
  again…..
   
  Love
   
  Hideyo
   
  
  
  
  
  From: 
  [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED] On Behalf Of PrestoSent: Thursday, December 08, 2005 5:25 
  PMTo: felvtalk@felineleukemia.orgSubject: Re: Hideyo's court case 
  19th??
   
  
  I think it 
  would be a good idea to set up a contingency plan, in case the 
  court decision goes against Hideyo.
  
   
  
  She may 
  not be given the time to file an appeal.  She may not have the money to 
  file an appeal.  The cats may be taken away from her within a matter of 
  days after a negative decision.
  
   
  
  Perhaps we 
  can help her place her cats, if the need arises.  How many does she 
  have?  What are their medical problems, shyness quotients, and 
  ages?  Is she willing to get them to an airport and air-freight them to 
  us?  Will we help her with the airfare?  I've air-freighted cats in 
  the past, and have no hesitation about doing so, nor any hesitation in paying 
  the fee.  Others may not feel the same.  Do you have room in your 
  homes to take in one or more of her cats?  Is she liable to take in more 
  cats after a negative decision and clearance of her household?  In 

Re: Cotton

2005-12-09 Thread Nina




I don't know Sandy, I don't have any experience with treating
lymphoma.  Michelle is our resident expert on that, (unfortunately for
Michelle).   I do know that I've stopped listening so gravely to the
prognosis' of vets.  Miracles happen every single day and since this is
a suspicion and has not been determined, I would fight hard against the
urge to give up hope that Cotton is here for a good long while.  Didn't
you say that he was acting like the feisty little kitten he is?  What
did this vet suggest as your next move?  Is it possible that new
xrays/diagnostics  might show something different now that he seems in
so much better health?  What did his blood work indicate?  Keep your
chin up, we're all pulling for you and Cotton.
Nina

Dudes wrote:

  
  
  
  Hi Everyone;
  I got a second opinion on
Cotton's xray of his 2 view abdomen which we got when he was sick
almost a month ago.  The vet said that Cotton's liver and kidneys
are enlarged, which makes her very suspicious of lymphoma.  She said
that if this is the case in both his kidneys and liver at such a young
age, his prognosis is poor.  
  Any thoughts?
  Sandy
   
   
   





Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread Presto



We have two deaf cats 
currently.  In CA, we fostered and adopted out two deaf cats.  
One, we adopted out to a deaf lady!  She used to give us updates by calling 
us using a service that translated her typing into a voice.  
 
We almost received a third deaf cat this 
summer, a street cat, but he was fatally ill and in terrible pain from septic 
lungs when he was transferred to us, and was euthanized.
 
All five cats were/are white.  Only 
two of them had/have blue eyes, though.  One's from the Congo.
 
Presto

  - Original Message - 
  From: 
  Nina 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Saturday, December 10, 2005 1:03 
  AM
  Subject: Re: OT:CROSS 
  POST..Newnan,GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...
  So sad.  There are times I don't know how I'll survive the 
  grief of all the little angels that never get a chance.  I was wondering 
  about the cataracts too... I've never had a blind, or deaf cat in 
  my home.  But then again, there was a time I never had a kitty with felv 
  too.  Have you tried to contact the person that sent out the cross post 
  about the little blind girl?  I didn't want to get their hopes up, but I 
  can't stop thinking about her.  Do you think you might be able to take 
  her in?N[EMAIL PROTECTED] wrote:
  

I tired to get the white injured cat...the injured pit pup and was too 
late...


Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread Presto



That's a good suggestion, Nina.  If 
someone local could adopt her and then transport/ship her to one of us, we could 
help.  I've fostered blind cats on two occasions.  They're 
wonderful.
 
Nina  

  - Original Message - 
  From: 
  Nina 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Saturday, December 10, 2005 12:36 
  AM
  Subject: Re: OT:CROSS 
  POST..Newnan,GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...
  Terrie,This little angel's story broke my heart.  I 
  know it says that you have to apply for adoption in person, but couldn't 
  someone else adopt her and then have her transported?  I don't know why 
  I'm asking, my husband would kill me, if he knew what I was thinking, but I 
  just can't stand to think of her being in this situation without anyone to 
  love her.  Do you know the person that asked for cross 
  posting?Nina[EMAIL PROTECTED] wrote:
  


CROSS 
POSTING!

  Please help me spread the word 
  about this baby!!  This absolutely breaks my 
  heart!!!
  Shelter Rescue 
  [EMAIL PROTECTED]  
   wrote: 
  
   
  Date: Wed, 07 Dec 2005 10:11:09 -0500From: 
Shelter Rescue [EMAIL PROTECTED]



 
Julie,
 
Didn't know if you had 
another picked out to replace the orange kitty for the front page, but 
this kitten is in "the back" - and that 
means the next to be put down.  She wasn't going to be 
put up for rescue/adoption, but the supervisor agreed to give her a few 
days.  Although the flash of the camera makes her look as though 
she has no eyes in the picture, she just has the foggy eyes and you can 
tell that she is blind.  Read the description below.  

 


  
  

  IC-4KITTENDomestic Short Hair,Tabby - Grey 
  Mix
  
Size: 
SmallAge: BabySex: FemaleID: 
05120510 Coweta AC 
  Notes: 
  PLEASE CONTACT COWETA COUNTY ANIMAL CONTROL TO ADOPT THIS PET: 
  
  770-254-3735.
   
  This 
  precious baby will break your heart!!! 
  
   
  She is 
  blind...she looks to have cataracts over both her eyes 
  (you can see when we took her picture how the camera reflected the 
  cataracts). She was brought into animal control because she "bit" 
  someone (she was probably very scared because she can't see). When 
  I took her out to take her picture...she snuggled up as close 
  as she could get to my neck and began to purr non-stop even while 
  trembling. It broke our heart to put her back into her cage (she 
  felt her way right back to her spot behind her litter box). 
  
   
  PLEASE..please 
  do not let her life end at animal control. She desperately needs 
  to be part of a loving family where she will be safe. Please 
  hurry! This sweetie will be avail. for adoption, rescue OR 
  EUTHANIZATION 12/15!! NOTE: CCAC CANNOT ADOPT ONLINE OR OVER THE 
  PHONE. ADOPTIONS MUST BE DONE IN PERSON. 
  
  
  
  This pet is eligible for a gift of the 
  first month of ShelterCare pet insurance paid for by 
  Petfinder.com.For more information on pet insurance please 
  visit us online at http://www.sheltercare.com or call 
  1-866-375-PETS.

  
  E-mail this 
  pet to a friend! 
  
  


  

  

  Newnan-Coweta Humane 
  SocietyNewnan, 
  GAmailto:[EMAIL PROTECTED] 
  Pet Inquiry: IC-4 (Id 05120510 Coweta AC) 
  



Re: Cotton

2005-12-09 Thread Presto



Are you using Interferon?
 
Presto

  - Original Message - 
  From: 
  Dudes 
  
  To: Felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 10:04 
  PM
  Subject: Cotton
  
  Hi Everyone;
  I got a second opinion on Cotton's 
  xray of his 2 view abdomen which we got when he was sick almost a month 
  ago.  The vet said that Cotton's liver and kidneys are 
  enlarged, which makes her very suspicious of lymphoma.  She said that if 
  this is the case in both his kidneys and liver at such a young age, his 
  prognosis is poor.  
  Any thoughts?
  Sandy
   
   
   


Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Presto



Hi Patti, I love your snoring cat below 
your name!  So you keep whiskers, too.  Someone should compose an ode 
to whiskers.  "Works of beauty, side by side, sleek along my leg you 
slide;  now discarded on the floor, I'll keep you forevermore"  
Got it.  Here's an idea for a fundraiser.  Have a poem about whiskers 
inscribed on little cloth banners to be hung on the wall, and hot-glue whiskers 
to an image of a cat drawn on the banner.  Name the cat "Carpet Scraps" or 
some such.
 
Presto

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 7:14 
  PM
  Subject: Re: HELP: PLS PRAY for my 
  Hannibal
  
  
  In a message dated 12/9/05 5:47:43 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes:
  .. I 
do keep whiskers of my cats..
  
  I also have a "Whisker Jar"!! 
   
  Patti
  


Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread Nina




So sad.  There are times I don't know how I'll survive the grief of all
the little angels that never get a chance.  I was wondering about the cataracts
too... I've never had a blind, or deaf cat in my home. 
But then again, there was a time I never had a kitty with felv too. 
Have you tried to contact the person that sent out the cross post about
the little blind girl?  I didn't want to get their hopes up, but I
can't stop thinking about her.  Do you think you might be able to take
her in?
N

[EMAIL PROTECTED] wrote:

  
  
  
  I tired to get the white injured cat...the injured pit pup and
was too late...
  




Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread FORGETMENOTPETS



I tired to get the white injured cat...the injured pit pup and was too 
late...


Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread FORGETMENOTPETS



no she is haunting me too
I was asking rescue friends if cataracts can be fixed in 
kittens...


Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread Nina




I'm thinking about it.  As understanding as my husband is, and believe
me, he's understanding, when I told him her story today, he looked at
me with exasperation and asked me to please try and realize I can't
change the way the world is.  His advice was to focus on the joys
instead of the sorrows.  Not bad advice, but this baby is haunting me. 
Why, do you have more information about her?
N

[EMAIL PROTECTED] wrote:

  
  
  
  You thinking of taking her Nina?
  




Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread FORGETMENOTPETS



You thinking of taking her Nina?


Re: OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread Nina




Terrie,
This little angel's story broke my heart.  I know it says that you have
to apply for adoption in person, but couldn't someone else adopt her
and then have her transported?  I don't know why I'm asking, my husband
would kill me, if he knew what I was thinking, but I just can't stand
to think of her being in this situation without anyone to love her.  Do
you know the person that asked for cross posting?
Nina

[EMAIL PROTECTED] wrote:

  
  
  
  CROSS POSTING!
  
Please help me
spread the word about this baby!!  This absolutely breaks my heart!!!



Shelter Rescue [EMAIL PROTECTED]   wrote:

 
Date: Wed, 07 Dec 2005 10:11:09 -0500
From: Shelter Rescue [EMAIL PROTECTED]
  
  
   
  Julie,
   
  Didn't know if
you had another picked out to replace the orange kitty for the front
page, but this kitten is in "the back" - and
that means the next to be put down.  She wasn't going to be
put up for rescue/adoption, but the supervisor agreed to give her a few
days.  Although the flash of the camera makes her look as though she
has no eyes in the picture, she just has the foggy eyes and you can
tell that she is blind.  Read the description below.  
   
  
  

  

IC-4
KITTEN
Domestic Short Hair,Tabby - Grey Mix

  Size: Small
  Age: Baby
  Sex: Female
ID: 05120510 Coweta AC 

Notes: PLEASE CONTACT COWETA COUNTY ANIMAL CONTROL TO ADOPT
THIS PET: 
770-254-3735.
 
This precious baby will break your heart!!! 
 
She is blind...she
looks to have cataracts over both her eyes (you can see when we took
her picture how the camera reflected the cataracts). She was brought
into animal control because she "bit" someone (she was probably very
scared because she can't see). When I took her out to take her
picture...she snuggled up as close as she could get to my neck and
began to purr non-stop even while trembling. It broke our heart to put
her back into her cage (she felt her way right back to her spot behind
her litter box). 
 
PLEASE..please
do not let her life end at animal control. She desperately needs to be
part of a loving family where she will be safe. Please hurry! This
sweetie will be avail. for adoption, rescue OR EUTHANIZATION 12/15!!
NOTE: CCAC CANNOT ADOPT ONLINE OR OVER THE PHONE. ADOPTIONS MUST BE
DONE IN PERSON. 





This pet is
eligible for a gift of the first month of ShelterCare pet insurance
paid for by Petfinder.com.
For more information on pet insurance please visit us online at http://www.sheltercare.com or call 1-866-375-PETS.



E-mail this pet to a
friend! 


  

  


  
  
  

  



Newnan-Coweta Humane Society
Newnan, GA
mailto:[EMAIL PROTECTED]
Pet Inquiry: IC-4 (Id 05120510 Coweta AC) 


  

  
  

  
  
  
  





Cotton

2005-12-09 Thread Dudes



Hi Everyone;
I got a second opinion on Cotton's xray 
of his 2 view abdomen which we got when he was sick almost a month ago.  
The vet said that Cotton's liver and kidneys are enlarged, 
which makes her very suspicious of lymphoma.  She said that if this is the 
case in both his kidneys and liver at such a young age, his prognosis 
is poor.  
Any thoughts?
Sandy
 
 
 


RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Thank you so much,, it’s all very
helpful.. I will definitely follow your advise.  I feel lots of pressure – my BF
is a lawyer, and he offered to write all the arguments for me (and I actually
am the one who is presenting my case)… but the time is approaching and he is
just so busy.. but I feel badly about bugging him..

 

I was also reading some stuff on the
website from other cases.. that when it’s assumed that the ordinance does not make
sense, it’s a burden of the challenger (which is me) to prove that it’s not
-and though it totally does not make how they calculate how many animals
one can have.. how do I prove it it does not make sense scientifically???

 









From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Friday, December 09, 2005
8:39 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





ok.  The intent definitely helps,
for two reasons: one, you are not violating the intent and are in fact
furthering it, and two, it helps to show that their formula for deciding the
number of animals has no rational basis and does not have any relation to the
intent of the statute.





 





But you are not arguing that the
"enforcement" is problematic (well, you are actually, in that they
gave a permit one year and then not the next)-- you are actually arguing that
the provision in the ordinance with the calculation formula is problematic,
unconstitutional really. The provision with the formula is not the
enforcement, it is another part of the law itself. Enforcement is what the town
does with the law, i.e. the animal office giving you a permit one year and
denying it the next.





 





I definitely think that you should raise
with the city attorney beforehand that the law is being changed anyway, so it
does not make sense for them to fight about its constitutionality and rational
basis right now when it will be different soon anyway.





 





I personally think that you should try to
meet with the city attorney before the hearing and 1) provide him with letters
from the people who are writing them and are going to testify, and 2) provide
him with copies of all the relevant cases you get from ALDF, and 3) make the
argument about equitable estoppel, arbitrary and capricious behavior, and 4)
talk about the city changing the law anyway (if you can get someone from the
mayor's office to call the city attorney about this beforehand that would be
great).  There is a danger to laying it all out beforehand, which is that
if the attorney does want to fight you on this he will have more time to think,
research, and respond to all the arguments you are making.  But if he is
at all reasonable I think that seeing the evidence, hearing the arguments, and
realizing how much work it will end up taking him to prosecute this and then the
law might change soon anyway will make him just want to drop it.





 





Again, take this as a suggestion for
further thinking and research, not legal advice per se.





 





Michelle





 





In a message dated 12/9/2005 6:22:49 A.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





And I am going to argue that I am not violating any of the intents
of the law – I am questioning their way of “enforcing” the law based on how
they currently calculate the number of animals one can have.

 

I am also working on the city counselor who is re-writing the
ordinance – the new ordinance will not include the portion of the stupid law I
mentioned in earlier message – the bill has not bee presented or passed yet..
but right now, I am stuck with the current ordinance.







 










RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Thank you, Michelle – 

The only problem is that.. the officer who
gave me “the permit” did not give me anything physically – I asked for it, and
he said that there was not anything he could give it to me physically.. but I
know that there are people in the animal services he told that I have a
permit.. so..we were and are planning to argue that point anyway.

 

Thank you, Michelle very much.. I have
also found tons of stuff I could use for the argument – so hopefully things
will go ok.. but will keep you posted.









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Presto
Sent: Friday, December 09, 2005
9:09 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 



Michelle, this
is fabulous.  Very good information to know.  I've printed it and
tucked it in a cat file, in case anyone I know (or Ev and I) get into a similar
predicament in the future.  I won't quote your name, so as not to get you
into trouble.  





 





Can you still
practice law in MA, although you are in NJ?  Due to my father's recent
death and an inheritance, I need to make a will, and I want to include the care
of our cats in that will, especially in case Ev and I are both killed in an
accident or he predeceases me.  Is this something you can do?  Or do
you have friends/acquaintances, still in MA, who can do it?





 





Presto







- Original Message - 





From: [EMAIL PROTECTED]






To: felvtalk@felineleukemia.org 





Sent: Friday, December 09, 2005 10:29 AM





Subject: Re: Hideyo's court case 19th??





 







Hideyo,





   Glad to hear you are not
pleading guilty.





 





    If they gave you the
permits in prior years, I think you need to talk to your boyfriend about making
the following two arguments as well, in addition to challenging the rational
basis for the ordinance itself:





 





1) equitable estoppel-- this is a legal
principle that basically means that once a party says something and causes a
person to rely on the statement, they then can't turn around and try to say the
opposite in court.  If the town gave you the permit last year, they
essentially said it was ok for you to have that number of animals, and they
caused you to rely on that fact.  They can not then turn around and say the
opposite the next year, after you have relied on it and spent so much money
(this is what is often important to them!) remaking the facility to accommodate
them.  If you spent any money on stuff for the cats or the house related
to the cats since they gave you that permit, I would dig up receipts or any
proof of that, or take pictures of it.  You should then argue, I think,
that you relied in terms of that much money, not to mention emotional
investment, on their saying it was ok for you to have that many cats, and the
principle of equitable estoppel prohibits them from turning around now and
saying the opposite.  You should talk to your boyfriend about this and ask
him to do some research on this principle in similar issues, like zoning
permits and stuff. He will know what it is-- it is a very basic common law
principle.





 





2) You should argue, I think, that the
action of denying the permit for the same number of animals they approved last
year, without any relevant change of circumstances, is "arbitrary and
capricious."  I do not know much about municipal law, but when a
state agency takes actions that are arbitrary and capricious they can usually
be struck down as such, under the state administrative procedures act or common
law.  I would bet there is some principle like this related to town
government as well.  Your boyfriend might want to do some research on the
actions of town governments being arbitrary and capricious.  Basically,
you would be arguing that in addition to the ordinance itself lacking rational
basis and thereby being unconstitutional (I believe under substantive due
process clause of federal and state constitutions), the actions of the
government actors themselves were unconstitutional by being arbitrary and
capricious.





 





I hope this makes sense.  I could
actually get in a lot of trouble giving legal advice for a state I am not
admitted to practice in, and I really am no expert on NM law.  So take all
of this as suggestions for further research and thinking on your boyfriend's part
rather than legal advice per se.  But this is what comes to mind for
me.  I think you should have your boyfriend call ALDF to talk the three
arguments through with them too (unconstitutionality of ordinance,
unconstitutionality of government actions for being arbitrary and capricious,
and equitable estoppel based on 2004 permits) to figure out if they make sense
and how best to frame them.





 





Hope this helps.





Michelle





 





In a message dated 12/9/2005 6:22:58 A.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





Oh.. did I say I was going to plead guilty?  If so, I am
sorry, I meant, “not guilty

The irony

Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread PEC2851




In a message dated 12/9/05 5:47:43 P.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:
.. I do 
  keep whiskers of my cats..

I also have a "Whisker Jar"!! 
 
Patti



RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Hideyo Yamamoto
Title: Message








I sure will --- he does not like very much
right now or rather is afraid of me.. but when he starts feeling better, I know
he will love me again!

 









From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Nina
Sent: Friday, December 09, 2005
4:10 PM
To: felvtalk@felineleukemia.org
Subject: Re: HELP: PLS PRAY for my
Hannibal



 

Hooray for Hannibal! 
I'm so pleased to hear he came through so well.  Don't forget to let us
know when he starts eating better!
N

Hideyo Yamamoto wrote:



Yes! 
I was so nervous.. but I waited by his side the entire time.. now he is painful
tooth free!!

Thank you for all your
prayers!








Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Terri Brown




Excellent news!
 
T

  - Original Message - 
  From: Nina 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 6:09 
  PM
  Subject: Re: HELP: PLS PRAY for my 
  Hannibal
  Hooray for Hannibal!  I'm so pleased to hear he came 
  through so well.  Don't forget to let us know when he starts eating 
  better!NHideyo Yamamoto wrote:
  








Yes!  
I was so nervous.. but I waited by his side the entire time.. now he is 
painful tooth 
free!!
Thank you for all 
your 
  prayers!


Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Nina




Hooray for Hannibal!  I'm so pleased to hear he came through so well. 
Don't forget to let us know when he starts eating better!
N

Hideyo Yamamoto wrote:

  
  

  Message
  
  

  
  
  Yes! 
I was so nervous.. but I
waited by his side the entire time.. now he is painful tooth
free!!
  Thank you
for all your
prayers!
  





Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Presto
Title: Message



Hah!  Yup, that's the way it 
goes.  If you find a whisker close to where the cat has been sleeping 
regularly, you can hope it's that cat's.  But it's hard to 
tell.

  - Original Message - 
  From: 
  Hideyo Yamamoto 
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 5:09 
  PM
  Subject: RE: HELP: PLS PRAY for my 
  Hannibal
  
  
  I thought of a second 
  to ask for it back.. then, I started concentrated on his recovery, then I 
  forgot.. I do keep whiskers of my cats.. I just don’t know which cats it 
  belongs to, since I have so many,, and I keep finding on the 
  floor….
   
  
  
  
  
  From: [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED] On Behalf Of PrestoSent: Friday, December 09, 2005 1:02 
  PMTo: felvtalk@felineleukemia.orgSubject: Re: HELP: PLS PRAY for my 
  Hannibal
   
  
  May I add a little 
  humor?  Sometimes in traumatized times, a little humor 
  helps.
  
   
  
  You might want to have 
  Hannibal's 
  tooth saved.
  
   
  
  I have a tooth 
  collection.  Whenever a dental is done on one of our cats--and many, many 
  have been done--I have the extracted teeth saved.  The doctor and I 
  examine them together, and then I place them in a container with the cat's 
  name on it, and stash it in my tooth 
  collection.
  
   
  
  I've joked about having 
  them put on a necklace, African-style.  But I'm not 
  serious.
  
   
  
  I also have a whisker 
  collection, in containers in the same drawer with the teeth.  Whenever I 
  find a shed whisker on the floor, I pick it up, admire it, and put it in my 
  whisker collection.
  
   
  
  I thought maybe I could 
  have a potter design little ceramic cats and insert the whiskers in the 
  appropriate places, entitling them "Carpet Scraps" to make people aware that 
  they hadn't been pulled from the cat.  But I thought better of 
  it.
  
   
  
  Presto
  

- Original Message - 


From: MacKenzie, Kerry N. 


To: felvtalk@felineleukemia.org 


Sent: Friday, 
December 09, 2005 2:22 PM

Subject: RE: 
HELP: PLS PRAY for my Hannibal

 

Dear 
Hideyo

I'm sending all 
good wishes and positive vibes for sweet Hannibal...perhaps by now he has had his 
tooth pulled?

Please let us know 
how he's doing when you have time...

love and hugs to 
you both, Kerry
-Original 
Message-From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Hideyo 
YamamotoSent: Thursday, 
December 08, 2005 6:47 PMTo: felvtalk@felineleukemia.orgSubject: OT: HELP: PLS PRAY for my 
Hannibal
Hi, I am thinking of taking him 
to my vet to have them pull his tooth tomorrow morning -- again, he is an 
older boy, and has a kidney problem (or had), and heart murmur.. the vet 
thinks he has FIP due to high level of globulin (very high..) – which by the 
way I don’t think he has..
Anyway,, I am afraid that he is 
losing weight because of the pain in his tooth, and am thinking of taking a 
chance to anesthesia him so that they can pull his 
tooth.
You guys, I need all your 
prayers for my baby, Hannibal so that the surgery will go well, and he will 
recover well… he is one of my very feral boy,, though he is not a lap cat, I 
so love him and care for him dearly and I need your help sending him a good 
energy
 
Thank you in 
advance.
 
Love
 
Hideyo and 
Hannibal
=00 



IRS CIRCULAR 230 NOTICE. Any 
advice expressed above as to tax matters was neither written nor intended by 
the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used 
by any taxpayer for the purpose of avoiding tax penalties that may be 
imposed under U.S. tax law. If any person uses or refers to any such tax 
advice in promoting, marketing or recommending a partnership or other 
entity, investment plan or arrangement to any taxpayer, then (i) the advice 
was written to support the promotion or marketing (by a person other than 
Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) 
such taxpayer should seek advice based on the taxpayers particular 
circumstances from an independent tax advisor



This email and any files transmitted with it 
are intended solely for the use of the individual or entity to whom they are 
addressed. If you have received this email in error please notify the system 
manager. If you are not the named addressee you should not disseminate, 
distribute or copy this e-mail. 
  


RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Hideyo Yamamoto
Title: Message








Thank you!  No, he is wide awake, walking
around and running away from me J ---  I usually ask them not to use any sedatives (injectables) for
my cats when they  go through surgery.. and usually, by the time I drive them
back home (in 20 min or so)… they are running around I was so
relieved to see his face after the surgery, though!!

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of MacKenzie, Kerry N.
Sent: Friday, December 09, 2005
3:30 PM
To: felvtalk@felineleukemia.org
Subject: RE: HELP: PLS PRAY for my
Hannibal



 



That's so good to hear! How does
he seem--is he a little dazed still? But otherwise ok? Kerry



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Hideyo Yamamoto
Sent: Friday, December 09, 2005
4:13 PM
To: felvtalk@felineleukemia.org
Subject: RE: HELP: PLS PRAY for my
Hannibal

Yes!  I was so nervous..
but I waited by his side the entire time.. now he is painful tooth
free!!

Thank you for all your
prayers!

 









From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of MacKenzie, Kerry N.
Sent: Friday, December 09, 2005
12:23 PM
To: felvtalk@felineleukemia.org
Subject: RE: HELP: PLS PRAY for my
Hannibal



 



Dear Hideyo





I'm sending all good wishes and positive
vibes for sweet Hannibal...perhaps
by now he has had his tooth pulled?





Please let us know how he's doing when you
have time...





love and hugs to you both, Kerry



-Original Message-
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Hideyo Yamamoto
Sent: Thursday, December 08, 2005
6:47 PM
To: felvtalk@felineleukemia.org
Subject: OT: HELP: PLS PRAY for my
Hannibal

Hi, I am thinking of taking him to my vet to have them pull
his tooth tomorrow morning -- again, he is an older boy, and has a kidney
problem (or had), and heart murmur.. the vet thinks he has FIP due to high
level of globulin (very high..) – which by the way I don’t think he
has..

Anyway,, I am afraid that he is losing weight because of the
pain in his tooth, and am thinking of taking a chance to anesthesia him so that
they can pull his tooth.

You guys, I need all your prayers for my baby, Hannibal so
that the surgery will go well, and he will recover well… he is one of my
very feral boy,, though he is not a lap cat, I so love him and care for him
dearly and I need your help sending him a good energy

 

Thank you in advance.

 

Love

 

Hideyo and Hannibal

=00 









IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was
neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP
to be used and cannot be used by any taxpayer for the purpose of avoiding tax
penalties that may be imposed under U.S. tax law. If any person uses or refers
to any such tax advice in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any taxpayer, then (i) the
advice was written to support the promotion or marketing (by a person other
than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii)
such taxpayer should seek advice based on the taxpayers particular
circumstances from an independent tax advisor









This email and any files transmitted with it are intended solely for the use of
the individual or entity to whom they are addressed. If you have received this
email in error please notify the system manager. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail.






=00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayers particular circumstances from an independent tax advisorThis email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.

FW: nuisance ordinances

2005-12-09 Thread Hideyo Yamamoto
Hi, I got this from ALDF - very interesting.. I am just forwarding this
to you in case you guys find it interesting..

-Original Message-
From: ALDF Info [mailto:[EMAIL PROTECTED] 
Sent: Friday, December 09, 2005 11:11 AM
To: Hideyo Yamamoto
Subject: RE: nuisance ordinances

Hi Ishideyo,
Per our conversation, I have included the pleadings summaries for 
nuisance ordinances
that address limiting the number of pets one can have under their care 
(see attachment).
Additional parts of these pleadings summaries are available to attorneys
per his/her request.
You might find additional helpful information at the Animal Legal and 
Historical Center,
see: http://www.animallaw.info/articles/ddusdognumberordinances.htm.
Although we do not have an attorney referral network, we do offer 
contact information
for organizations that do assist with referrals,
see: http://www.aldf.org/packets.asp?sect=resources, select: "finding an

attorney".
I hope this is helpful.
Take care and best wishes for all concerned.
For the animals,
BJ Avery


Title: 240 - Ordinances Limiting Number of Animals



240 - Ordinances Limiting Number of Animals



Number
Caption
Court
State
Date
Summary





240.10
Fiala v. Village of Carpentersville
U.S. Supreme Court

1981
Petition for Writ of Certiorari to the U.S. Supreme Court raised the issue of the constitutionality of a local ordinance which prohibits the ownership of more than two (2) dogs in a single-family residence, but contains no reference to nuisance or danger to the general public.




240.20
Goodhue v. L.A. County Department of Animal Control
Superior Court of CA, L.A. County
CA
1985
Petitioner housed a greater number of pets than allowed by city ordinance.  For many years, she held a kennel permit.  In 1985, Petitioner's request for permit renewal was denied based on her being in a residential area.  No hearing was granted.  Petitions for Writ of Mandate and Prohibition were granted ex parte.




240.30
People v. Lawrence
Superior Court, County of Nevada, CA, App. Dept.
CA
1987
Defendant, who ran a shelter for stray cats, was convicted of violating a county zoning ordinance which forbids more than three (3) adult cats on less than one (1) acre of land.  Defendant appealed unsuccessfully.




246.10
State v. Beckert
61 A.2d 213,N.J. Supreme Court
NJ
1948
Upheld ordinance which limited number of dogs per household to three.




246.20
Bell v. Barrett
241 GA 103,GA Supreme Court
GA
1978
Upheld ordinance which limited residents to three dogs per household.




246.30
Commonwealth of PA v. Creighton
639 A2d 1296,Commonwealth Court of Pennsylvania
PA
1994
Cat owner appealed from summary conviction for violating ordinance limiting the number of cats and/or dogs which a person could keep within the Borough to a total of five.  The Commonwealth Court of the State of Pennsylvania, reversing the State Appellate Court and remanding to the trial court, held:  1.  that the ordinance reached beyond the power of the municipality to regulate nuisances, in that it did not require the municipality to affirmatively establish that a nuisance in fact existed; 2.  that the trial court failed to obtain sufficient information to determine whether the ordinance provided a reasonable means to effectuate a legitimate governmental goal to protect the public interest.








RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread MacKenzie, Kerry N.
Title: Message



That's so good to hear! How does he seem--is 
he a little dazed still? But otherwise ok? Kerry

-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of Hideyo YamamotoSent: Friday, December 09, 2005 
4:13 PMTo: felvtalk@felineleukemia.orgSubject: RE: HELP: 
PLS PRAY for my Hannibal

Yes!  
I was so nervous.. but I waited by his side the entire time.. now he is painful 
tooth free!!
Thank you for all your 
prayers!
 




From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of MacKenzie, Kerry 
N.Sent: Friday, December 09, 
2005 12:23 PMTo: 
felvtalk@felineleukemia.orgSubject: RE: HELP: PLS PRAY for my 
Hannibal
 

Dear 
Hideyo

I'm sending all good 
wishes and positive vibes for sweet Hannibal...perhaps by now he has had his tooth 
pulled?

Please let us know how 
he's doing when you have time...

love and hugs to you 
both, Kerry
-Original 
Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of Hideyo 
YamamotoSent: Thursday, 
December 08, 2005 6:47 PMTo: 
felvtalk@felineleukemia.orgSubject: OT: HELP: PLS PRAY for my 
Hannibal
Hi, I am thinking of taking him to 
my vet to have them pull his tooth tomorrow morning -- again, he is an older 
boy, and has a kidney problem (or had), and heart murmur.. the vet thinks he has 
FIP due to high level of globulin (very high..) – which by the way I don’t think 
he has..
Anyway,, I am afraid that he is 
losing weight because of the pain in his tooth, and am thinking of taking a 
chance to anesthesia him so that they can pull his 
tooth.
You guys, I need all your prayers 
for my baby, Hannibal so that the surgery will go well, and he will recover 
well… he is one of my very feral boy,, though he is not a lap cat, I so love him 
and care for him dearly and I need your help sending him a good 
energy
 
Thank you in 
advance.
 
Love
 
Hideyo and 
Hannibal=00

IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters 
was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw 
LLP to be used and cannot be used by any taxpayer for the purpose of avoiding 
tax penalties that may be imposed under U.S. tax law. If any person uses or 
refers to any such tax advice in promoting, marketing or recommending a 
partnership or other entity, investment plan or arrangement to any taxpayer, 
then (i) the advice was written to support the promotion or marketing (by a 
person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or 
matter, and (ii) such taxpayer should seek advice based on the taxpayers 
particular circumstances from an independent tax advisor

This email and any files transmitted with it are intended solely for the 
use of the individual or entity to whom they are addressed. If you have received 
this email in error please notify the system manager. If you are not the named 
addressee you should not disseminate, distribute or copy this 
e-mail.
=00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayers particular circumstances from an independent tax advisorThis email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. 

RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Hideyo Yamamoto
Title: Message








Yes!  I was so nervous.. but I
waited by his side the entire time.. now he is painful tooth
free!!

Thank you for all your
prayers!

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of MacKenzie, Kerry N.
Sent: Friday, December 09, 2005
12:23 PM
To: felvtalk@felineleukemia.org
Subject: RE: HELP: PLS PRAY for my
Hannibal



 



Dear Hideyo





I'm sending all good wishes and positive
vibes for sweet Hannibal...perhaps
by now he has had his tooth pulled?





Please let us know how he's doing when you
have time...





love and hugs to you both, Kerry



-Original Message-
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Hideyo Yamamoto
Sent: Thursday, December 08, 2005
6:47 PM
To: felvtalk@felineleukemia.org
Subject: OT: HELP: PLS PRAY for my
Hannibal

Hi, I am thinking of taking him to my vet to have them pull
his tooth tomorrow morning -- again, he is an older boy, and has a kidney
problem (or had), and heart murmur.. the vet thinks he has FIP due to high
level of globulin (very high..) – which by the way I don’t think he
has..

Anyway,, I am afraid that he is losing weight because of the
pain in his tooth, and am thinking of taking a chance to anesthesia him so that
they can pull his tooth.

You guys, I need all your prayers for my baby, Hannibal so
that the surgery will go well, and he will recover well… he is one of my
very feral boy,, though he is not a lap cat, I so love him and care for him
dearly and I need your help sending him a good energy

 

Thank you in advance.

 

Love

 

Hideyo and Hannibal






=00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayers particular circumstances from an independent tax advisorThis email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.

RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Hideyo Yamamoto
Title: Message








I thought of a second to ask for it back..
then, I started concentrated on his recovery, then I forgot.. I do keep
whiskers of my cats.. I just don’t know which cats it belongs to, since I
have so many,, and I keep finding on the floor….

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Presto
Sent: Friday, December 09, 2005
1:02 PM
To: felvtalk@felineleukemia.org
Subject: Re: HELP: PLS PRAY for my
Hannibal



 



May I add a little humor?  Sometimes
in traumatized times, a little humor helps.





 





You might want to have Hannibal's tooth saved.





 





I have a tooth collection.  Whenever a
dental is done on one of our cats--and many, many have been done--I have the
extracted teeth saved.  The doctor and I examine them together, and then I
place them in a container with the cat's name on it, and stash it in my tooth
collection.





 





I've joked about having them put on a
necklace, African-style.  But I'm not serious.





 





I also have a whisker collection, in
containers in the same drawer with the teeth.  Whenever I find a shed
whisker on the floor, I pick it up, admire it, and put it in my whisker
collection.





 





I thought maybe I could have a potter design
little ceramic cats and insert the whiskers in the appropriate places,
entitling them "Carpet Scraps" to make people aware that they hadn't
been pulled from the cat.  But I thought better of it.





 





Presto







- Original Message - 





From: MacKenzie, Kerry N. 





To: felvtalk@felineleukemia.org






Sent: Friday, December
09, 2005 2:22 PM





Subject: RE: HELP: PLS PRAY
for my Hannibal





 





Dear Hideyo





I'm sending all good wishes and positive
vibes for sweet Hannibal...perhaps
by now he has had his tooth pulled?





Please let us know how he's doing when you
have time...





love and hugs to you both, Kerry



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Hideyo Yamamoto
Sent: Thursday, December 08, 2005
6:47 PM
To: felvtalk@felineleukemia.org
Subject: OT: HELP: PLS PRAY for my
Hannibal

Hi, I am thinking of taking him to my vet to have them pull
his tooth tomorrow morning -- again, he is an older boy, and has a kidney
problem (or had), and heart murmur.. the vet thinks he has FIP due to high
level of globulin (very high..) – which by the way I don’t think he
has..

Anyway,, I am afraid that he is losing weight because of the
pain in his tooth, and am thinking of taking a chance to anesthesia him so that
they can pull his tooth.

You guys, I need all your prayers for my baby, Hannibal so
that the surgery will go well, and he will recover well… he is one of my
very feral boy,, though he is not a lap cat, I so love him and care for him
dearly and I need your help sending him a good energy

 

Thank you in advance.

 

Love

 

Hideyo and Hannibal

=00 









IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was
neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP
to be used and cannot be used by any taxpayer for the purpose of avoiding tax
penalties that may be imposed under U.S. tax law. If any person uses or refers
to any such tax advice in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any taxpayer, then (i) the
advice was written to support the promotion or marketing (by a person other
than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii)
such taxpayer should seek advice based on the taxpayers particular
circumstances from an independent tax advisor









This email and any files transmitted with it are intended solely for the use of
the individual or entity to whom they are addressed. If you have received this
email in error please notify the system manager. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail. 










Re: Now Prayers for Buffy and Questions

2005-12-09 Thread Tad Burnett

So far it seems to be good news for Buffy
She was never an active cat like Callie ...
It can't say for sure if the meds worked that
quickly or if it was the loss of Callie that caused her
to be shy and not eat...
One of my other cats seemed to get back to their
old self in just a few hours just like Buffy did
when I started then on interferon and it didn't
do a thing for Annie that I lost a month ago...
Annie was very anemic though...I wish I understood
more about this disease...but I guess we all do

And just to keep things going we brought home
Owen...He is a middle aged long hair tuxedo...
Very pretty boy but not happy about being inside
and not very friendly...Hope we can change that...

Tad


Nina wrote:


Tad,
How is Buffy doing today?
N

Tad Burnett wrote:


 It never rains but it poursToday Buffy is not acting herself...
She also came from AW and from early records she was pulled
at the same day and very similar condition...Vet recommended
PTSI even wonder if they are litter mates...
 Any way...A trip to the vet revealed fluid in the chestShe now has
pills and will be on interferon...












Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Terri Brown




Healing vibes coming your way.
 
=^..^= Terri, Siggie the Tomato Vampire, Guinevere, Sammi, Travis, and 6 
furangels: RuthieGirl, Samantha, Arielle, Gareth, Alec & Salome' 
=^..^=
 
Furkid Photos! http://mysite.verizon.net/vze7sgqa/My 
Personal Page: http://www.geocities.com/ruthiegirl1/terrispage.html?1083970447350

  - Original Message - 
  From: [EMAIL PROTECTED] 
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 10:55 
  AM
  Subject: Re: HELP: PLS PRAY for my 
  Hannibal
  
  Sending positive energy for Hannibal. Good luck Hannibal!
  Jennhttp://ucat.ushttp://ucat.us/domesticcatlinks.htmlAdopt 
  a cat from UCAT rescue:http://ucat.us/adopt.html  Adopt 
  a FIV+ cat: http://ucat.us/AWrescue/FIV/Adopt 
  a FELV+ cat:http://ucat.us/FELVadopt.html~~~I 
  collect KMR kitten formula labels for Bazil, a 3 yr old special needs cat who 
  must live on a liquid diet for the rest of his life.Bazil's caretaker 
  collects labels and sends them to KMR, where they add up until she earns a 
  free can of formula!PLEASE save your KMR kitten formula labels for 
  Bazil!If you use KMR, even just one can, please email me for the NEW 
  address to send them 
  to!~Does 
  your cat have chronic diarrhea that does not respond to treatment, or has your 
  cat been loosely diagnosed as IBD? Have you tested for Tritrichomonosis? 
  The test is new, the new drug makes it curable. Ask me today how you can 
  test for Trich!No virus found in this outgoing message.Checked by 
  AVG Free Edition.Version: 7.1.371 / Virus Database: 267.13.13/195 - 
  Release Date: 12/8/2005


Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Presto



Nina, you just gave me a really big, 
guffawing laugh that made me cough.  (Everett knows that when I laugh like 
that, I am truly, deeply amused.)  Geez, you're great.  And with $50 
or more, you get a ceramic kitty with authentic fallen whiskers.  I love 
it.
 
Would I could.  We don't get 
donations.  We donate to others.  But maybe there's a use for those 
whiskers, somewhere out there.  I must have at least two-hundred by 
now.  I used to have more, but when we came back from the Congo, half our 
shipment was stolen by the Congolese shipping company, and they ended up with 
the bags of shed whiskers in the boxes that they willy-nilly 
grabbed.
 
There's gotta be something else we can do 
with these things
 
Presto  

  - Original Message - 
  From: 
  Nina 
  
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 3:07 
  PM
  Subject: Re: HELP: PLS PRAY for my 
  Hannibal
  Imagine if you'd been paying out tooth-fairy style for all 
  those teeth!  (Actually I guess you have, the vet bills must be enormous 
  at your house!).  I like the idea of using the whiskers on ceramic 
  kitties :) .  Maybe you could give them as a thank you gift for donations 
  to the cause...  and with your generous donation of $50 dollars or more, 
  you get a ceramic kitty with authentic fallen whiskers!NPresto 
  wrote:
  



May I add a little humor?  
Sometimes in traumatized times, a little humor helps.
 
You might want to have Hannibal's 
tooth saved.
 
I have a tooth collection.  
Whenever a dental is done on one of our cats--and many, many have been 
done--I have the extracted teeth saved.  The doctor and I examine them 
together, and then I place them in a container with the cat's name on it, 
and stash it in my tooth collection.
 
I've joked about having them put on a 
necklace, African-style.  But I'm not serious.
 
I also have a whisker collection, in 
containers in the same drawer with the teeth.  Whenever I find a shed 
whisker on the floor, I pick it up, admire it, and put it in my whisker 
collection.
 
I thought maybe I could have a potter 
design little ceramic cats and insert the whiskers in the appropriate 
places, entitling them "Carpet Scraps" to make people aware that they hadn't 
been pulled from the cat.  But I thought better of it.
 
Presto


Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Nina




Imagine if you'd been paying out tooth-fairy style for all those
teeth!  (Actually I guess you have, the vet bills must be enormous at
your house!).  I like the idea of using the whiskers on ceramic kitties
:) .  Maybe you could give them as a thank you gift for donations to
the cause...  and with your generous donation of $50 dollars or more,
you get a ceramic kitty with authentic fallen whiskers!
N

Presto wrote:

  Message
  
  
  
  May I add a little humor? 
Sometimes in traumatized times, a little humor helps.
   
  You might want to have
Hannibal's tooth saved.
   
  I have a tooth collection. 
Whenever a dental is done on one of our cats--and many, many have been
done--I have the extracted teeth saved.  The doctor and I examine them
together, and then I place them in a container with the cat's name on
it, and stash it in my tooth collection.
   
  I've joked about having them
put on a necklace, African-style.  But I'm not serious.
   
  I also have a whisker
collection, in containers in the same drawer with the teeth.  Whenever
I find a shed whisker on the floor, I pick it up, admire it, and put it
in my whisker collection.
   
  I thought maybe I could have
a potter design little ceramic cats and insert the whiskers in the
appropriate places, entitling them "Carpet Scraps" to make people aware
that they hadn't been pulled from the cat.  But I thought better of it.
   
  Presto
  





Re: Now Prayers for Buffy and Questions

2005-12-09 Thread Nina

Tad,
How is Buffy doing today?
N

Tad Burnett wrote:


 It never rains but it poursToday Buffy is not acting herself...
She also came from AW and from early records she was pulled
at the same day and very similar condition...Vet recommended
PTSI even wonder if they are litter mates...
 Any way...A trip to the vet revealed fluid in the chestShe now has
pills and will be on interferon...






Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Presto
Title: Message



May I add a little humor?  Sometimes 
in traumatized times, a little humor helps.
 
You might want to have Hannibal's tooth 
saved.
 
I have a tooth collection.  Whenever 
a dental is done on one of our cats--and many, many have been done--I have the 
extracted teeth saved.  The doctor and I examine them together, and then I 
place them in a container with the cat's name on it, and stash it in my tooth 
collection.
 
I've joked about having them put on a 
necklace, African-style.  But I'm not serious.
 
I also have a whisker collection, in 
containers in the same drawer with the teeth.  Whenever I find a shed 
whisker on the floor, I pick it up, admire it, and put it in my whisker 
collection.
 
I thought maybe I could have a potter 
design little ceramic cats and insert the whiskers in the appropriate places, 
entitling them "Carpet Scraps" to make people aware that they hadn't been pulled 
from the cat.  But I thought better of it.
 
Presto

  - Original Message - 
  From: 
  MacKenzie, Kerry N. 
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 2:22 
  PM
  Subject: RE: HELP: PLS PRAY for my 
  Hannibal
  
  Dear 
  Hideyo
  I'm 
  sending all good wishes and positive vibes for sweet Hannibal...perhaps by now 
  he has had his tooth pulled?
  Please let us know how he's doing when you have 
  time...
  love 
  and hugs to you both, Kerry
  
  -Original Message-From: [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED] On Behalf Of Hideyo 
  YamamotoSent: Thursday, December 08, 2005 6:47 PMTo: 
  felvtalk@felineleukemia.orgSubject: OT: HELP: PLS PRAY for my 
  Hannibal
  
  Hi, I am thinking of taking him to 
  my vet to have them pull his tooth tomorrow morning -- again, he is an older 
  boy, and has a kidney problem (or had), and heart murmur.. the vet thinks he 
  has FIP due to high level of globulin (very high..) – which by the way I don’t 
  think he has..
  Anyway,, I am afraid that he is 
  losing weight because of the pain in his tooth, and am thinking of taking a 
  chance to anesthesia him so that they can pull his 
  tooth.
  You guys, I need all your prayers 
  for my baby, Hannibal so that the surgery will go well, and he will recover 
  well… he is one of my very feral boy,, though he is not a lap cat, I so love 
  him and care for him dearly and I need your help sending him a good 
  energy
   
  Thank you in 
  advance.
   
  Love
   
  Hideyo and 
  Hannibal=00
  
  IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters 
  was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw 
  LLP to be used and cannot be used by any taxpayer for the purpose of avoiding 
  tax penalties that may be imposed under U.S. tax law. If any person uses or 
  refers to any such tax advice in promoting, marketing or recommending a 
  partnership or other entity, investment plan or arrangement to any taxpayer, 
  then (i) the advice was written to support the promotion or marketing (by a 
  person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or 
  matter, and (ii) such taxpayer should seek advice based on the taxpayers 
  particular circumstances from an independent tax advisor
  
  This email and any files transmitted with it are intended solely for 
  the use of the individual or entity to whom they are addressed. If you have 
  received this email in error please notify the system manager. If you are not 
  the named addressee you should not disseminate, distribute or copy this 
  e-mail. 


Re: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread TenHouseCats
he -- and you --haven't left my GLOW list!
--
MaryChristine

AIM / YAHOO: TenHouseCats
MSN: [EMAIL PROTECTED]
ICQ: 289856892



RE: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread MacKenzie, Kerry N.
Title: Message



Dear 
Hideyo
I'm 
sending all good wishes and positive vibes for sweet Hannibal...perhaps by now 
he has had his tooth pulled?
Please 
let us know how he's doing when you have time...
love 
and hugs to you both, Kerry

-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of Hideyo YamamotoSent: Thursday, December 08, 2005 
6:47 PMTo: felvtalk@felineleukemia.orgSubject: OT: HELP: 
PLS PRAY for my Hannibal

Hi, I am thinking of taking him to 
my vet to have them pull his tooth tomorrow morning -- again, he is an older 
boy, and has a kidney problem (or had), and heart murmur.. the vet thinks he has 
FIP due to high level of globulin (very high..) – which by the way I don’t think 
he has..
Anyway,, I am afraid that he is 
losing weight because of the pain in his tooth, and am thinking of taking a 
chance to anesthesia him so that they can pull his 
tooth.
You guys, I need all your prayers 
for my baby, Hannibal so that the surgery will go well, and he will recover 
well… he is one of my very feral boy,, though he is not a lap cat, I so love him 
and care for him dearly and I need your help sending him a good 
energy
 
Thank you in 
advance.
 
Love
 
Hideyo and 
Hannibal
=00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayers particular circumstances from an independent tax advisorThis email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. 

Re: Advice please

2005-12-09 Thread felv
New kittens born to the colony will be exposed by the other cats. If they took 
one
FELV+ out before because of illness, and now they have this one that has tested
positive too, it's likely that several of the others also have FELV. Unless 
they have
the means to trap every cat in the colony and do testing and then euthanasia (or
placement into sanctuaries) for all the ones that test positive, then there's 
no way
releasing this one cat will make any difference. It's a FELV+ colony.

Jenn
http://ucat.us
http://ucat.us/domesticcatlinks.html
Adopt a cat from UCAT rescue:
http://ucat.us/adopt.html
Adopt a FIV+ cat:
http://ucat.us/AWrescue/FIV/
Adopt a FELV+ cat:
http://ucat.us/FELVadopt.html
~~~
I collect KMR kitten formula labels for Bazil, a 3 yr old special needs cat who 
must
live on a liquid diet for the rest of his life.
Bazil's caretaker collects labels and sends them to KMR, where they add up 
until she
earns a free can of formula!
PLEASE save your KMR kitten formula labels for Bazil!
If you use KMR, even just one can, please email me for the NEW address to send 
them
to!
~
Does your cat have chronic diarrhea that does not respond to treatment, or has 
your
cat been loosely diagnosed as IBD?
Have you tested for Tritrichomonosis? The test is new, the new drug makes it 
curable.
Ask me today how you can test for Trich!



-- 
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.1.371 / Virus Database: 267.13.13/195 - Release Date: 12/8/2005




OT:CROSS POST..Newnan, GA.-Newnan-Coweta Humane Soc - BLIND KITTEN...

2005-12-09 Thread TatorBunz




CROSS POSTING!

Please help me spread the word about this baby!!  This absolutely breaks my heart!!!
Shelter Rescue [EMAIL PROTECTED]   wrote: 
 
Date: Wed, 07 Dec 2005 10:11:09 -0500From: Shelter Rescue [EMAIL PROTECTED]



 
Julie,
 
Didn't know if you had another picked out to replace the orange kitty for the front page, but this kitten is in "the back" - and that means the next to be put down.  She wasn't going to be put up for rescue/adoption, but the supervisor agreed to give her a few days.  Although the flash of the camera makes her look as though she has no eyes in the picture, she just has the foggy eyes and you can tell that she is blind.  Read the description below.  
 





IC-4KITTENDomestic Short Hair,Tabby - Grey Mix

Size: SmallAge: BabySex: FemaleID: 05120510 Coweta AC 
Notes: PLEASE CONTACT COWETA COUNTY ANIMAL CONTROL TO ADOPT THIS PET: 
770-254-3735.
 
This precious baby will break your heart!!! 
 
She is blind...she looks to have cataracts over both her eyes (you can see when we took her picture how the camera reflected the cataracts). She was brought into animal control because she "bit" someone (she was probably very scared because she can't see). When I took her out to take her picture...she snuggled up as close as she could get to my neck and began to purr non-stop even while trembling. It broke our heart to put her back into her cage (she felt her way right back to her spot behind her litter box). 
 
PLEASE..please do not let her life end at animal control. She desperately needs to be part of a loving family where she will be safe. Please hurry! This sweetie will be avail. for adoption, rescue OR EUTHANIZATION 12/15!! NOTE: CCAC CANNOT ADOPT ONLINE OR OVER THE PHONE. ADOPTIONS MUST BE DONE IN PERSON. 



This pet is eligible for a gift of the first month of ShelterCare pet insurance paid for by Petfinder.com.For more information on pet insurance please visit us online at http://www.sheltercare.com or call 1-866-375-PETS.


E-mail this pet to a friend! 








Newnan-Coweta Humane SocietyNewnan, GAmailto:[EMAIL PROTECTED] Pet Inquiry: IC-4 (Id 05120510 Coweta AC) 

 
 Terrie MohrTAZZY'S ANIMAL TRANSPORTSSIAMESE & COLLIE RESCUEOwner/DriverCheck sites for available Siameses for adoption!http://www.tazzys-siameses-collies.petfinder.org/Click Here to Join WASHINGTON SIAMESE RESCUE Yahoo Group!http://groups.yahoo.com/group/wasiameserescuehttp://hometown.aol.com/tatorbunz/index.htmlhttp://hometown.aol.com/tatorbunz/myhomepage/petmemorial.htmlPetfinder.comAdopt a Homeless Pet!http://www.petfinder.com/http://www.felineleukemia.org/http://www.petloss.com/TAZZY'S ANIMAL TRANSPORTShttps://www.paypal.com/http://www.frappr.com/wasiameserescue


Re: Hideyo's court case 19th??

2005-12-09 Thread Presto



Michelle, this is fabulous.  Very good 
information to know.  I've printed it and tucked it in a cat file, in case 
anyone I know (or Ev and I) get into a similar predicament in the future.  
I won't quote your name, so as not to get you into trouble.  
 
Can you still practice law in MA, although you 
are in NJ?  Due to my father's recent death and an inheritance, I need to 
make a will, and I want to include the care of our cats in that will, especially 
in case Ev and I are both killed in an accident or he predeceases me.  Is 
this something you can do?  Or do you have friends/acquaintances, still in 
MA, who can do it?
 
Presto

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 10:29 
  AM
  Subject: Re: Hideyo's court case 
  19th??
  
  
  Hideyo,
     Glad to hear you are not pleading guilty.
   
      If they gave you the permits in prior years, I think 
  you need to talk to your boyfriend about making the following two arguments as 
  well, in addition to challenging the rational basis for the ordinance 
  itself:
   
  1) equitable estoppel-- this is a legal principle that basically means 
  that once a party says something and causes a person to rely on the statement, 
  they then can't turn around and try to say the opposite in court.  If the 
  town gave you the permit last year, they essentially said it was ok for you to 
  have that number of animals, and they caused you to rely on that fact.  
  They can not then turn around and say the opposite the next year, after you 
  have relied on it and spent so much money (this is what is often important to 
  them!) remaking the facility to accommodate them.  If you spent any money 
  on stuff for the cats or the house related to the cats since they gave you 
  that permit, I would dig up receipts or any proof of that, or take pictures of 
  it.  You should then argue, I think, that you relied in terms of that 
  much money, not to mention emotional investment, on their saying it was ok for 
  you to have that many cats, and the principle of equitable estoppel prohibits 
  them from turning around now and saying the opposite.  You should talk to 
  your boyfriend about this and ask him to do some research on this principle in 
  similar issues, like zoning permits and stuff. He will know what it is-- it is 
  a very basic common law principle.
   
  2) You should argue, I think, that the action of denying the permit for 
  the same number of animals they approved last year, without any relevant 
  change of circumstances, is "arbitrary and capricious."  I do not know 
  much about municipal law, but when a state agency takes actions that are 
  arbitrary and capricious they can usually be struck down as such, under the 
  state administrative procedures act or common law.  I would bet there is 
  some principle like this related to town government as well.  Your 
  boyfriend might want to do some research on the actions of town governments 
  being arbitrary and capricious.  Basically, you would be arguing that in 
  addition to the ordinance itself lacking rational basis and thereby being 
  unconstitutional (I believe under substantive due process clause of federal 
  and state constitutions), the actions of the government actors themselves were 
  unconstitutional by being arbitrary and capricious.
   
  I hope this makes sense.  I could actually get in a lot of trouble 
  giving legal advice for a state I am not admitted to practice in, and I really 
  am no expert on NM law.  So take all of this as suggestions for further 
  research and thinking on your boyfriend's part rather than legal advice per 
  se.  But this is what comes to mind for me.  I think you should have 
  your boyfriend call ALDF to talk the three arguments through with them too 
  (unconstitutionality of ordinance, unconstitutionality of government actions 
  for being arbitrary and capricious, and equitable estoppel based on 2004 
  permits) to figure out if they make sense and how best to frame them.
   
  Hope this helps.
  Michelle
   
  In a message dated 12/9/2005 6:22:58 A.M. Eastern Standard Time, 
  [EMAIL PROTECTED] writes:
  
Oh.. did I say I 
was going to plead guilty?  If so, I am sorry, I meant, “not 
guilty
The irony is that 
the city gave me a permit in April 2004 for the same number of the animals I 
requested – the officer who was in charge of giving the permit apparently 
ignored the very stupid part of the ordinance (see below) and gave me and 
lots of other rescue people permit and now he is gone, they are enforcing 
the very stupid part of the ordinance shown 
below
 
The very stupid 
part of the ordinance is as follows:
 
 (L)     The number of adult 
dogs or cats, or any combination thereof, which a hobby breeder or hobby 
facility permit or multiple animal permit holder may keep is limited by th

Re: Hideyo's court case 19th??

2005-12-09 Thread Presto



I didn't know about the problems with the 
welfare agency.  The problems with the Romney admin don't surprise 
me.  Why did those dopes elect him in?!  (Yes, we voted--but not 
for him.)  And, yes, MA certainly does have its problems.  But, as you 
pointed out, it contrasts well with other states.  I've lived in NC, 
NY, OH, CO, AZ, WA, CA, and HI, and my husband grew up in AK and still has 
parents there.  No place is perfect.
 
Did you have any trouble transfering your law 
permit to NJ?  You had to take a test, yes?
 
Where did you earn your BA and law 
degrees?  Many people come here to attend the multiple colleges and 
universities, and then stay on, as you know.  I started at Tufts Univ. but 
migrated westward pretty quickly.
 
Presto  

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  To: felvtalk@felineleukemia.org 
  
  Sent: Thursday, December 08, 2005 7:38 
  PM
  Subject: Re: Hideyo's court case 
  19th??
  
  
  I was in MA for 10 years, but moved back to NJ this summer.  MA is 
  pretty amazing in many ways, legally.  Though pretty horrible in other 
  ways (the Romney administration is pretty awful, and believe it or not MA has 
  the worst (of all states and DC) participation rate in the Food Stamp program 
  for people who are eligible, because the welfare agency is so horrible and 
  denies and terminates everyone.)  So it is not all peachy, but when I 
  went to NM for a summer I realized I was a little spoiled as far as the courts 
  go!  And the MA Town Meeting system of government is about the most 
  democratic form of local government I have ever seen, and I miss it.
  Michelle
   
  In a message dated 12/8/2005 7:35:44 P.M. Eastern Standard Time, 
  [EMAIL PROTECTED] writes:
  
Michelle, are you in MA?  So am 
I.  A very educated, liberal state, comparatively speaking.  We 
have it lucky compared to some who live in less tolerant 
states.
 
Presto
  
   


Re: OT: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Presto



I agree with Tad, that very light, 
short-term sedation can be used, and that the alternative risk of leaving the 
tooth in is best avoided.  How old is Hannibal, approximately?
 
Presto

  - Original Message - 
  From: 
  Tad 
  Burnett 
  To: felvtalk@felineleukemia.org 
  
  Sent: Friday, December 09, 2005 8:38 
  AM
  Subject: Re: OT: HELP: PLS PRAY for my 
  Hannibal
  Yes...I went through the same thing with my vet...Didn't want 
  tosedate because of his age...But his father had the same thingyears 
  earlier and ended up with cancer in the jaw and had tobe PTSI didn't 
  want to go through that again and said I wouldrisk it to get the bad tooth 
  out As it turned out he used a very light sedation..only 
  knocked him out for a couple minutes...It only takes a second to pull a 
  tooth ifyou are all set up to do it In 3 days he was 
  eating like a pig and now 2 years later he is welland happy and no more 
  antibiotics needed I don't know why vets are so afraid to 
  take the risk and go for it...Maybe they just want you to understand that 
  there is a valid riskbut in many cases in the long run the risk of doing 
  nothing may beworse  TadHideyo Yamamoto 
  wrote:
  




Hi, I am thinking of taking him 
to my vet to have them pull his tooth tomorrow morning -- again, he is an 
older boy, and has a kidney problem (or had), and heart murmur.. the vet 
thinks he has FIP due to high level of globulin (very high..) – which by the 
way I don’t think he has..
Anyway,, I am afraid that he is 
losing weight because of the pain in his tooth, and am thinking of taking a 
chance to anesthesia him so that they can pull his 
tooth.
You guys, I need all your 
prayers for my baby, Hannibal so that the surgery will go well, and he will 
recover well… he is one of my very feral boy,, though he is not a lap cat, I 
so love him and care for him dearly and I need your help sending him a good 
energy

Thank you in 
advance.

Love

Hideyo and 
Hannibal


Re: Hideyo's court case 19th??

2005-12-09 Thread Lernermichelle




ok.  The intent definitely helps, for two reasons: one, you are not 
violating the intent and are in fact furthering it, and two, it helps to show 
that their formula for deciding the number of animals has no rational basis and 
does not have any relation to the intent of the statute.
 
But you are not arguing that the "enforcement" is problematic (well, you 
are actually, in that they gave a permit one year and then not the next)-- you 
are actually arguing that the provision in the ordinance with the calculation 
formula is problematic, unconstitutional really. The provision with the 
formula is not the enforcement, it is another part of the law itself. 
Enforcement is what the town does with the law, i.e. the animal office giving 
you a permit one year and denying it the next.
 
I definitely think that you should raise with the city attorney beforehand 
that the law is being changed anyway, so it does not make sense for them to 
fight about its constitutionality and rational basis right now when it will be 
different soon anyway.
 
I personally think that you should try to meet with the city attorney 
before the hearing and 1) provide him with letters from the people who are 
writing them and are going to testify, and 2) provide him with copies of all the 
relevant cases you get from ALDF, and 3) make the argument about equitable 
estoppel, arbitrary and capricious behavior, and 4) talk about the city changing 
the law anyway (if you can get someone from the mayor's office to call the city 
attorney about this beforehand that would be great).  There is a danger to 
laying it all out beforehand, which is that if the attorney does want to fight 
you on this he will have more time to think, research, and respond to all the 
arguments you are making.  But if he is at all reasonable I think that 
seeing the evidence, hearing the arguments, and realizing how much work it will 
end up taking him to prosecute this and then the law might change soon anyway 
will make him just want to drop it.
 
Again, take this as a suggestion for further thinking and research, not 
legal advice per se.
 
Michelle
 
In a message dated 12/9/2005 6:22:49 A.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  And I am going to 
  argue that I am not violating any of the intents of the law – I am questioning 
  their way of “enforcing” the law based on how they currently calculate the 
  number of animals one can have.
   
  I am also working on 
  the city counselor who is re-writing the ordinance – the new ordinance will 
  not include the portion of the stupid law I mentioned in earlier message – the 
  bill has not bee presented or passed yet.. but right now, I am stuck with the 
  current ordinance.

 


Re: Hideyo's court case 19th??

2005-12-09 Thread Lernermichelle




Hideyo,
   Glad to hear you are not pleading guilty.
 
    If they gave you the permits in prior years, I think you 
need to talk to your boyfriend about making the following two arguments as well, 
in addition to challenging the rational basis for the ordinance itself:
 
1) equitable estoppel-- this is a legal principle that basically means that 
once a party says something and causes a person to rely on the statement, they 
then can't turn around and try to say the opposite in court.  If the town 
gave you the permit last year, they essentially said it was ok for you to have 
that number of animals, and they caused you to rely on that fact.  They can 
not then turn around and say the opposite the next year, after you have relied 
on it and spent so much money (this is what is often important to them!) 
remaking the facility to accommodate them.  If you spent any money on stuff 
for the cats or the house related to the cats since they gave you that permit, I 
would dig up receipts or any proof of that, or take pictures of it.  You 
should then argue, I think, that you relied in terms of that much money, not to 
mention emotional investment, on their saying it was ok for you to have that 
many cats, and the principle of equitable estoppel prohibits them from turning 
around now and saying the opposite.  You should talk to your boyfriend 
about this and ask him to do some research on this principle in similar issues, 
like zoning permits and stuff. He will know what it is-- it is a very basic 
common law principle.
 
2) You should argue, I think, that the action of denying the permit for the 
same number of animals they approved last year, without any relevant change of 
circumstances, is "arbitrary and capricious."  I do not know much about 
municipal law, but when a state agency takes actions that are arbitrary and 
capricious they can usually be struck down as such, under the state 
administrative procedures act or common law.  I would bet there is some 
principle like this related to town government as well.  Your boyfriend 
might want to do some research on the actions of town governments being 
arbitrary and capricious.  Basically, you would be arguing that in addition 
to the ordinance itself lacking rational basis and thereby being 
unconstitutional (I believe under substantive due process clause of federal and 
state constitutions), the actions of the government actors themselves were 
unconstitutional by being arbitrary and capricious.
 
I hope this makes sense.  I could actually get in a lot of trouble 
giving legal advice for a state I am not admitted to practice in, and I really 
am no expert on NM law.  So take all of this as suggestions for further 
research and thinking on your boyfriend's part rather than legal advice per 
se.  But this is what comes to mind for me.  I think you should have 
your boyfriend call ALDF to talk the three arguments through with them too 
(unconstitutionality of ordinance, unconstitutionality of government actions for 
being arbitrary and capricious, and equitable estoppel based on 2004 permits) to 
figure out if they make sense and how best to frame them.
 
Hope this helps.
Michelle
 
In a message dated 12/9/2005 6:22:58 A.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  Oh.. did I say I was 
  going to plead guilty?  If so, I am sorry, I meant, “not 
  guilty
  The irony is that the 
  city gave me a permit in April 2004 for the same number of the animals I 
  requested – the officer who was in charge of giving the permit apparently 
  ignored the very stupid part of the ordinance (see below) and gave me and lots 
  of other rescue people permit and now he is gone, they are enforcing the very 
  stupid part of the ordinance shown below
   
  The very stupid part 
  of the ordinance is as follows:
   
   (L)     The number of adult dogs 
  or cats, or any combination thereof, which a hobby breeder or hobby facility 
  permit or multiple animal permit holder may keep is limited by the following 
  factors:
    
          (1)     In a residential zone, 
  the area of the permitted hobby breeder or hobby facility site or multiple 
  animal site shall be limited to 10% of the total area of the 
  premises.
    
          (2)     Within the kennel area 
  of a hobby breeder or hobby facility site or multiple animal site, 75 square 
  feet of area shall be provided for each animal weighing under 30 pounds, 100 
  square feet for each animal weighing between 30 and 49 pounds and 125 square 
  feet for each animal weighing 50 pounds or more.
  So basically, I have 
  4,000 sq ft in my property, based on the calculation, I can only have up to 5 
  animals.. but I don’t put my cats in cages, having to only allow 10% as a 
  living space for animals just does not make sense.  Only it assumes that 
  30Lb dog has a very same space need as let’s say 8 lb cat according to this 
  law, which does not make sense.. based on the weight I could have up to 150Lb 
  worth

Re: OT:help with my dilemma

2005-12-09 Thread Presto



Jenn, I love writing too.  I'd love 
to read any stories you've written, if you have time to send them.  I only 
write nonfiction stories, having no talent in fiction.
 
Presto

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  To: felvtalk@felineleukemia.org 
  
  Sent: Thursday, December 08, 2005 6:44 
  PM
  Subject: Re: OT:help with my 
dilemma
  
  Thanks Presto. Moogie's cremains sit on a shelf in the kitchen surrounded 
  by pictures of her. It's strange, I can be in the room with her remains and 
  her "real" memorial and not cry, but when I go to the webpage memorial, I lose 
  it every time. I do think I captured something on that page that really 
  represents the essence of her life, and what she meant to me. I'm glad you 
  thought so too. 
   
  I love writing, about all things. I appreciate the compliment on my 
  writing as well.
  Jennhttp://ucat.ushttp://ucat.us/domesticcatlinks.htmlAdopt 
  a cat from UCAT rescue:http://ucat.us/adopt.html  Adopt 
  a FIV+ cat: http://ucat.us/AWrescue/FIV/Adopt 
  a FELV+ cat:http://ucat.us/FELVadopt.html~~~I 
  collect KMR kitten formula labels for Bazil, a 3 yr old special needs cat who 
  must live on a liquid diet for the rest of his life.Bazil's caretaker 
  collects labels and sends them to KMR, where they add up until she earns a 
  free can of formula!PLEASE save your KMR kitten formula labels for 
  Bazil!If you use KMR, even just one can, please email me for the NEW 
  address to send them 
  to!~Does 
  your cat have chronic diarrhea that does not respond to treatment, or has your 
  cat been loosely diagnosed as IBD? Have you tested for Tritrichomonosis? 
  The test is new, the new drug makes it curable. Ask me today how you can 
  test for Trich!
  
  

  No virus found in this outgoing message.Checked by AVG Free 
  Edition.Version: 7.1.371 / Virus Database: 267.13.12/194 - Release Date: 
  12/7/2005


Re: Advice please

2005-12-09 Thread TenHouseCats
what about new kittens born into the colony, or outsiders coming in?
if it's a controlled colony, i agree--it's the newly abandoned house
cats, new babies, etc that i worry about. (well, i WORRY about
them all)

you're right tho, if everyone's been altered, and it's a colony vs
just putting them back outdoors on their own, with no "support" system
to keep them nearby, that'd concern me far more.

On 12/9/05, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:
> Release to the colony is acceptable to me in this case. And here's why MC.

--
MaryChristine

AIM / YAHOO: TenHouseCats
MSN: [EMAIL PROTECTED]
ICQ: 289856892



Re: Hideyo's court case 19th??

2005-12-09 Thread Lernermichelle




I was in MA for 10 years, but moved back to NJ this summer.  MA is 
pretty amazing in many ways, legally.  Though pretty horrible in other ways 
(the Romney administration is pretty awful, and believe it or not MA has the 
worst (of all states and DC) participation rate in the Food Stamp program for 
people who are eligible, because the welfare agency is so horrible and denies 
and terminates everyone.)  So it is not all peachy, but when I went to NM 
for a summer I realized I was a little spoiled as far as the courts go!  
And the MA Town Meeting system of government is about the most democratic form 
of local government I have ever seen, and I miss it.
Michelle
 
In a message dated 12/8/2005 7:35:44 P.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  Michelle, are you in MA?  So am I.  
  A very educated, liberal state, comparatively speaking.  We have it lucky 
  compared to some who live in less tolerant states.
   
  Presto

 


Re: OT: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Tad Burnett




Yes...I went through the same thing with my vet...Didn't want to
sedate because of his age...But his father had the same thing
years earlier and ended up with cancer in the jaw and had to
be PTSI didn't want to go through that again and said I would
risk it to get the bad tooth out
 
As it turned out he used a very light sedation..only knocked him 
out for a couple minutes...It only takes a second to pull a tooth if
you are all set up to do it
 
In 3 days he was eating like a pig and now 2 years later he is well
and happy and no more antibiotics needed
 
I don't know why vets are so afraid to take the risk and go for it...
Maybe they just want you to understand that there is a valid risk
but in many cases in the long run the risk of doing nothing may be
worse 
 
Tad


Hideyo Yamamoto wrote:

  
  
  
  
  Hi, I am thinking of
taking him to my vet to have them pull
his tooth tomorrow morning -- again, he is an older boy, and has a
kidney
problem (or had), and heart murmur.. the vet thinks he has FIP due to
high
level of globulin (very high..) – which by the way I don’t think he
has..
  Anyway,, I am afraid that
he is losing weight because of the
pain in his tooth, and am thinking of taking a chance to anesthesia him
so that
they can pull his tooth.
  You guys, I need all your
prayers for my baby, Hannibal so
that the surgery will go well, and he will recover well… he is one of
my
very feral boy,, though he is not a lap cat, I so love him and care for
him
dearly and I need your help sending him a good energy
   
  Thank you in advance.
   
  Love
   
  Hideyo and Hannibal
  





RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Oh,, Michelle, again, thank you so much
for your offer -
I am so grateful for everyone being so generous and concerned…
I am going to do everything I can so that I can win on 12/19  if not, I
guess I will worry then, right?

I once found a fortune cookie.. saying
that “never trouble troubles, until a trouble troubles you…”..
so I will always think of back up plan.. I can’t help not thinking.. but
I am hoping that I won’t have to use it..

 









From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
5:32 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





I think it is good to always have a
back-up plan.  But the court has to allow time to file an appeal. 
The court does not have to agree, however, to stay a bad decision while an
appeal is pending, i.e. to leave the cats alone while the appeal pends. 
However, a refusal to stay the decision can also be appealed on an emergency
basis. And in this case, where there is no one complaining and the neighbors
have signed a petition in support, there would be no justification for a court
to deny a stay during an appeal.  Not that courts never do unjustified
things, mind you.  But legally, she should be able to fight this all the
way while keeping her cats with her.  But she may need legal help to fight
effectively, which is why I mentioned ALDF.





 





One way to help might be to help
financially with legal fees if Hideyo can find someone experienced but they do
not agree to take the case pro bono. I would be willing to send some
money.  I would of course be willing to send some money for transport too,
but I do not think it should have to come to that, with zealous advocacy. 
And to tell the truth, so many of her cats are feral and special needs that
unless we ourselves took all of them, I can not imagine her finding places for
them.  Maybe people on this list could take all of them, in an
emergency, and maybe we should figure that out now.  But I can not take
any at all, due to my own living situation and my partner.  And transport
across country would be pretty bad for cats as compromised as some of her cats
are.





 





Michelle





 





In a message dated 12/8/2005 7:25:40 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:







I think it
would be a good idea to set up a contingency plan, in case the
court decision goes against Hideyo.





 





She may not be
given the time to file an appeal.  She may not have the money to file an
appeal.  The cats may be taken away from her within a matter of days after
a negative decision.





 





Perhaps we
can help her place her cats, if the need arises.  How many does she
have?  What are their medical problems, shyness quotients, and ages? 
Is she willing to get them to an airport and air-freight them to us?  Will
we help her with the airfare?  I've air-freighted cats in the past, and
have no hesitation about doing so, nor any hesitation in paying the fee. 
Others may not feel the same.  Do you have room in your homes to take in
one or more of her cats?  Is she liable to take in more cats after a negative
decision and clearance of her household?  In short, might she end up back
in the same position?





 





Is she in an
apartment, or a house, and if she's in a house, does she own the house? 
What is the legal limitation on the number of cats she is allowed to possess
within the zoning for where she lives?  Are her cats allowed to roam
outside, or not?  What were the circumstances of the inspection (I assume
there was one) that led to this situation?  Was the primary concern
about cleanliness (time to hire a cleaner) or about sheer numbers?  





 





Zoning
ordinances can be very difficult to beat.  When Everett and
I bought our house three years ago, we made sure in advance that the
town had no limitation on the number of cats allowed per household.  It's
zoned for farming.  Can Hideyo afford to move?





 





We may need to
kick in and offer homes to some of her cats.





 





She will be a
far more effective speaker at her trial if she has a back-up plan and isn't
scared to death by the possibility that her cats may be taken away from her and
killed.  She shouldn't mention the back-up plan, of course.





 





I'll chip in
on air-freight fare if anyone else is willing to take in one or more of her
cats.  Let's put our money where our mouths are.  I really would
prefer not to take in any more cats myself, because we have thirty-six at
present (in a very well-managed, clean house--no problems).  There's only
so much I can do, physically.  But I can give financial assistance in
transporting the cats, provided that Hideyo doesn't get herself into this
situation again.  And saying "No" to a needy cat is extremely
hard;  I know that full well.





 





Suggestions?





 





Presto









 










RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Michelle – again thank you for your
offer – but no worry for now---I just talked to ALDF person and she is
faxing me the past pleading cases regarding limiting the number of animal
cases.. she did not think there are anyone in NM in terms of an animal activity
lawyer.. but my boyfriend might be able to help me to better present my case.

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
6:10 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





I think that many are feral and
semi-feral and at least one is FeLV+ and several are elderly.  When I said
I would assist with legal fees, I mean about $100.  We are actually doing
pretty badly financially since moving, due to me only having part-time work
right now and a bunch of vet bills and house repairs and having spent our
savings on the move.  I would hope that an ALDF-associated attorney would
do this kind of case pro bono, though.





 





Hideyo would have to take the lead in
creating a back-up emergency plan for placing the cats with list members. 
It is true that none of us but her know what is going on with her cats or her
case.





 





Michelle





 





In a message dated 12/8/2005 7:46:41 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:







I understand
and agree.  I do, though, also agree that we should figure out an
alternate-placement plan now.  I don't know the conditions of her cats, so
cannot comment on how bad the conditions of some of them are, and their
transportability.  Perhaps those in the worst conditions could stay with
her.  We still don't know how many cats she would be allowed to keep under
the ordinance pertaining to her township.





 









 










RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Hi, Michelle, I got the voice mail and
left a message, I hope someone will call me back – thank you!!

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
4:54 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





Call the ALDF office and talk to a live
person.  Tell whoever answers that I told you to call (use my name,
Michelle Lerner) and mention that I started the student ALDF chapter at Harvard Law School. 
Tell them that I am in MA and can not help you and that I told you to call and
see if a) there is anyone in their network near where you live, and b) if they
have information on cases in NM or any other state in which pet limits were
found unconstitutional.  Tell them that someone posted on their website
that there have been some decisions ruling them unconstitutional, and that you
need the citations or, even better if you do not have a lawyer to find the
cases (though your boyfriend probably can find them for you with citations),
copies of the decisions.





Michelle





 





In a message dated 12/8/2005 6:15:51 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





I will find the link and will forward it to you.. Hey, Michelle, I
had posted a message at ALDF about my case, and someone replied to my post as
follows (just an extract)– do you know how I can get more information how
unconstitutional this is?

 

Here’s the message..

 

Please note that pet limits have been found unconstitutional when
challenged in at least some jurisdictions (of course, it is time-consuming and
costly to challenge such laws). In addition, many experts in companion animal
issues feel that pet limits result in artificially depressed adoption rates and
so, cause communities to kill more animals.

 







 










OT: HELP: PLS PRAY for my Hannibal

2005-12-09 Thread Hideyo Yamamoto








Hi, I am thinking of taking him to my vet to have them pull
his tooth tomorrow morning -- again, he is an older boy, and has a kidney
problem (or had), and heart murmur.. the vet thinks he has FIP due to high
level of globulin (very high..) – which by the way I don’t think he
has..

Anyway,, I am afraid that he is losing weight because of the
pain in his tooth, and am thinking of taking a chance to anesthesia him so that
they can pull his tooth.

You guys, I need all your prayers for my baby, Hannibal so
that the surgery will go well, and he will recover well… he is one of my
very feral boy,, though he is not a lap cat, I so love him and care for him
dearly and I need your help sending him a good energy

 

Thank you in advance.

 

Love

 

Hideyo and Hannibal








RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Oh.. Presto – you are so sweet –
and I appreciate your offer – but it will be impossible to find homes for
all my cats – I have so many.. I hate to mention the number, but I do. I
don’t know anyone else who has as many as I do – and most of them
are feral cats and they will not do well if they are moved ---medical
conditions are different from cats to cats.. but no one else will be able to
even touch them as they are so skittish 

 

I posted the very ordinance which stops me
having the cats I have – I guess, I would sell my house and move to other
area if it comes to that.. fortunately the value of my property has gone up so
much lately that I can sell at least for twice as much as I had originally paid
for.. but I also take care of about stray kitties in 5 different colonies in my
area.. so I really hate to move.. I also spent $45000 to on my house to
accommodate my cats area.. so I hate to leave the house, too.  

 

But they are not going to take my cats
away, meaning I won’t let them.. I won’t know how.. but I am not
going to let that happen.. I promised these guys that I will give them a better
life and I will take care of them for the rest of their lives.. and I just have
to figure out…

 

Maybe, my baby Garfunkle who passed away
will be guiding me as an my guardian angel and watching me and his friends from
heaven and somehow a miracle will happen again…..

 

Love

 

Hideyo

 









From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of Presto
Sent: Thursday, December 08, 2005
5:25 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 



I think it
would be a good idea to set up a contingency plan, in case the
court decision goes against Hideyo.





 





She may not be
given the time to file an appeal.  She may not have the money to file an
appeal.  The cats may be taken away from her within a matter of days after
a negative decision.





 





Perhaps we
can help her place her cats, if the need arises.  How many does she
have?  What are their medical problems, shyness quotients, and ages? 
Is she willing to get them to an airport and air-freight them to us?  Will
we help her with the airfare?  I've air-freighted cats in the past, and
have no hesitation about doing so, nor any hesitation in paying the fee. 
Others may not feel the same.  Do you have room in your homes to take in
one or more of her cats?  Is she liable to take in more cats after a
negative decision and clearance of her household?  In short, might she end
up back in the same position?





 





Is she in an
apartment, or a house, and if she's in a house, does she own the house? 
What is the legal limitation on the number of cats she is allowed to possess
within the zoning for where she lives?  Are her cats allowed to roam
outside, or not?  What were the circumstances of the inspection (I assume
there was one) that led to this situation?  Was the primary concern
about cleanliness (time to hire a cleaner) or about sheer numbers?  





 





Zoning
ordinances can be very difficult to beat.  When Everett and
I bought our house three years ago, we made sure in advance that the
town had no limitation on the number of cats allowed per household.  It's
zoned for farming.  Can Hideyo afford to move?





 





We may need to
kick in and offer homes to some of her cats.





 





She will be a
far more effective speaker at her trial if she has a back-up plan and isn't
scared to death by the possibility that her cats may be taken away from her and
killed.  She shouldn't mention the back-up plan, of course.





 





I'll chip in
on air-freight fare if anyone else is willing to take in one or more of her
cats.  Let's put our money where our mouths are.  I really would
prefer not to take in any more cats myself, because we have thirty-six at
present (in a very well-managed, clean house--no problems).  There's only
so much I can do, physically.  But I can give financial assistance in
transporting the cats, provided that Hideyo doesn't get herself into this
situation again.  And saying "No" to a needy cat is extremely
hard;  I know that full well.





 





Suggestions?





 





Presto





 





 







- Original Message - 





From: [EMAIL PROTECTED]






To: felvtalk@felineleukemia.org 





Sent: Thursday, December 08, 2005 5:55 PM





Subject: Re: Hideyo's court case 19th??





 







The problem is that the
city probably does not really care whether these cats live or die, and certain
city actors are probably of the opinion that cats with long-term illnesses,
like FeLV should not be allowed to live anyway and only nuisance-causing crazy
cat ladies keep them alive.  Shocking and awful as that is, that may be
what Hideyo is battling.  I think it is very helpful that the head of an
animal agency is apparently going to bat for Hideyo and stating this very thing
in a letter, but it probably is not the clincher in reality. The clincher, in
reality, is probably t

RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Let me tell you how uneducated NM is when
coming to care of animals – you will just be amazed….You don’t
know how many kitties I ended up taking because of irresponsible and stupid
people who leave their animals behind when they move out.. and they did not
even neuter or spay them….some leave them in a confined apartment with no
food or water.. hoping (?) someone will find them before they die from
starvation..

 









From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of Presto
Sent: Thursday, December 08, 2005
5:35 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 



Michelle, are
you in MA?  So am I.  A very educated, liberal state, comparatively
speaking.  We have it lucky compared to some who live in less tolerant
states.





 





Presto







- Original Message - 





From: [EMAIL PROTECTED]






To: felvtalk@felineleukemia.org 





Sent: Thursday, December 08, 2005 7:03 PM





Subject: Re: Hideyo's court case 19th??





 







Hideyo,





 





    Thank you. I read it.
The link is not to the decision itself, but to a summary of the decision. And
it was not a federal court, but a state court that struck down the ordinance.





 





    Does your town have a
limit on the number of animals? Or was this just a case-by-case decision
denying you the permits you need? If you are being charged criminally for not
having the requisite permits and they would not give them to you based on
numbers alone, I am not sure I would plead guilty.  I think I might argue
that there was no basis for denying you the permits and therefore no basis to
charge you criminally, or that the denial was unconstitutional.  But I
really do think you will need legal help in order to make these arguments and
should try to get a lawyer.  In the civil case, I definitely think you
should raise this argument. But you should get the other cases the ALDF member
mentioned, because the more courts that have made similar determinations, the
more persuasive the argument will be.





 





Again, though, I
really do not have enough information about the laws and government actions in
your case to figure out exactly how to argue the case. You need someone who can
get involved on a local level, if possible.





 





   When I worked in NM briefly,
I found the legal system pretty appalling.  I worked on the state court
level, probably above the level of the court you are going to, and even on that
level I was amazed.  Common law (legal principles developed by courts)
were not very developed compared to MA, and some of the courts did not seem
familiar with U.S. Supreme Court cases that I learned about in first year of
law school.  The state court in one county was refusing to waive filing
fees for divorce cases when people were too poor to pay the fees, and the U.S.
Supreme Court had stated this was unconstitutional way back in the 70's! 
All of which is to say that you may have to educate the court a bit.





 





Michelle





 





In a message dated 12/8/2005 6:15:57 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





http://www.naiaonline.org/body/articles/archives/limitlawpennsylvania.htm

here you go.. please read and if it will help my case, michelle.







 












RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Oh.. did I say I was going to plead
guilty?  If so, I am sorry, I meant, “not guilty

The irony is that the city gave me a
permit in April 2004 for the same number of the animals I requested – the
officer who was in charge of giving the permit apparently ignored the very
stupid part of the ordinance (see below) and gave me and lots of other rescue people
permit and now he is gone, they are enforcing the very stupid part of the
ordinance shown below

 

The very stupid part of the ordinance is
as follows:

 

 (L) 
   The number of adult dogs or cats, or any combination thereof,
which a hobby breeder or hobby facility permit or multiple animal permit holder
may keep is limited by the following factors:

 
        (1)     In a residential zone,
the area of the permitted hobby breeder or hobby facility site or multiple
animal site shall be limited to 10% of the total area of the premises.

 
        (2)     Within the kennel area
of a hobby breeder or hobby facility site or multiple animal site, 75 square
feet of area shall be provided for each animal weighing under 30 pounds, 100
square feet for each animal weighing between 30 and 49 pounds and 125 square
feet for each animal weighing 50 pounds or more.

So basically, I have 4,000 sq ft in my
property, based on the calculation, I can only have up to 5 animals.. but I don’t
put my cats in cages, having to only allow 10% as a living space for animals
just does not make sense.  Only it assumes that 30Lb dog has a very same
space need as let’s say 8 lb cat according to this law, which does not
make sense.. based on the weight I could have up to 150Lb worth of animals
according to the above (30lb X 5 animals) – so if I have 8 lb cats, I
should almost be able to have 20 cats which is equivalent of the same weights
as having five of 30lb dogs..

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
5:03 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





Hideyo,





 





    Thank you. I read it.
The link is not to the decision itself, but to a summary of the decision. And
it was not a federal court, but a state court that struck down the ordinance.





 





    Does your town have a
limit on the number of animals? Or was this just a case-by-case decision
denying you the permits you need? If you are being charged criminally for not
having the requisite permits and they would not give them to you based on numbers
alone, I am not sure I would plead guilty.  I think I might argue that
there was no basis for denying you the permits and therefore no basis to charge
you criminally, or that the denial was unconstitutional.  But I really do
think you will need legal help in order to make these arguments and should try
to get a lawyer.  In the civil case, I definitely think you should raise
this argument. But you should get the other cases the ALDF member mentioned,
because the more courts that have made similar determinations, the more
persuasive the argument will be.





 





Again, though, I
really do not have enough information about the laws and government actions in
your case to figure out exactly how to argue the case. You need someone who can
get involved on a local level, if possible.





 





   When I worked in NM briefly,
I found the legal system pretty appalling.  I worked on the state court
level, probably above the level of the court you are going to, and even on that
level I was amazed.  Common law (legal principles developed by courts)
were not very developed compared to MA, and some of the courts did not seem
familiar with U.S. Supreme Court cases that I learned about in first year of
law school.  The state court in one county was refusing to waive filing
fees for divorce cases when people were too poor to pay the fees, and the U.S.
Supreme Court had stated this was unconstitutional way back in the 70's! 
All of which is to say that you may have to educate the court a bit.





 





Michelle





 





In a message dated 12/8/2005 6:15:57 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





http://www.naiaonline.org/body/articles/archives/limitlawpennsylvania.htm

here you go.. please read and if it will help my case, michelle.







 










RE: Hideyo's court case 19th??

2005-12-09 Thread Hideyo Yamamoto








Also, Michelle, here’s the intent
statement of the ordinance:

 

9-2-1-1 
SHORT TITLE AND LEGISLATIVE INTENT.

 
   (A)     This article shall be known and may be
cited as the "Albuquerque Animal Services Ordinance."

 
   (B)     It is the intent of the City Council that
enactment of this article will protect animals from neglect and abuse, will
protect residents from annoyance and injury, will encourage responsible
ownership of animals as pets, will assist in providing housing for animals in a
control center and will partially finance the Animal Service Center's functions
of housing, licensing, enforcement, and recovery.

And I am going to argue that I am not
violating any of the intents of the law – I am questioning their way of “enforcing”
the law based on how they currently calculate the number of animals one can
have.

 

I am also working on the city counselor who
is re-writing the ordinance – the new ordinance will not include the
portion of the stupid law I mentioned in earlier message – the bill has
not bee presented or passed yet.. but right now, I am stuck with the current
ordinance.

 









From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
5:03 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??



 





Hideyo,





 





    Thank you. I read it.
The link is not to the decision itself, but to a summary of the decision. And
it was not a federal court, but a state court that struck down the ordinance.





 





    Does your town have a
limit on the number of animals? Or was this just a case-by-case decision
denying you the permits you need? If you are being charged criminally for not
having the requisite permits and they would not give them to you based on
numbers alone, I am not sure I would plead guilty.  I think I might argue
that there was no basis for denying you the permits and therefore no basis to
charge you criminally, or that the denial was unconstitutional.  But I
really do think you will need legal help in order to make these arguments and
should try to get a lawyer.  In the civil case, I definitely think you
should raise this argument. But you should get the other cases the ALDF member
mentioned, because the more courts that have made similar determinations, the
more persuasive the argument will be.





 





Again, though, I
really do not have enough information about the laws and government actions in
your case to figure out exactly how to argue the case. You need someone who can
get involved on a local level, if possible.





 





   When I worked in NM briefly,
I found the legal system pretty appalling.  I worked on the state court
level, probably above the level of the court you are going to, and even on that
level I was amazed.  Common law (legal principles developed by courts)
were not very developed compared to MA, and some of the courts did not seem
familiar with U.S. Supreme Court cases that I learned about in first year of
law school.  The state court in one county was refusing to waive filing
fees for divorce cases when people were too poor to pay the fees, and the U.S.
Supreme Court had stated this was unconstitutional way back in the 70's! 
All of which is to say that you may have to educate the court a bit.





 





Michelle





 





In a message dated 12/8/2005 6:15:57 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:





http://www.naiaonline.org/body/articles/archives/limitlawpennsylvania.htm

here you go.. please read and if it will help my case, michelle.







 










Re: Hideyo's court case 19th??

2005-12-09 Thread Kerry MacKenzie
>>>One way to help might be to help financially with legal fees if Hideyo
can find someone experienced but they do not agree to take the case pro
bono. I would be willing to send some money.  <<<

I will commit to pay for minimum two hours legal fees--more if poss/nec.
depending on the hourly rate. It seems very important that Hideyo have a
good attorney. (And my commitment  to taking Hideyo's FeLV kitty Tsubami
most def. still stands)

>>>provided that Hideyo doesn't get herself into this situation again. <<<

Unfortunately I don't know how, even with the best will in the world, Hideyo
or anyone else who opens their heart and doors to needy cats could guarantee
this--there are too many mean people wanting to make trouble for others,
like the anonymous, cowardly complainer in Hideyo's case. I doubt very much
Hideyo would be able financially to move to a safer (in terms of zoning)
area. (The recent NJ shelter case also comes to mind--the one where 12 FeLV
cats were
fortunately saved by one angel in Indiana and a pilot with a heart of gold.
That case arose, we were told, because of complaining neighbors who didn't
like the presence of volunteers.)

>>i can't figure out why it's the
conscientious people, who try to make good on the problems created by
others, who get penalized<<<
Agreed, that's just one thing very wrong and unfair about the world we live
in.
Kerry
- Original Message -
From: "TenHouseCats" <[EMAIL PROTECTED]>
To: 
Sent: Thursday, December 08, 2005 4:48 PM
Subject: Re: Hideyo's court case 19th??


i would think it would help to bring out more forcefully what has been
mentioned in passing: that hideyo, you are taking in animals that no
one else wants, that you are caring for creatures that may be ill or
undesirable (to others) but deserve to live, and that you are NOT the
people who are letting their cats roam to spread disease, cause damage
and repopulate the earth (i can't figure out why it's the
conscientious people, who try to make good on the problems created by
others, who get penalized)

--
MaryChristine

AIM / YAHOO: TenHouseCats
MSN: [EMAIL PROTECTED]
ICQ: 289856892