Humane Society Western Region v. Snohomish County

MEMORANDUM

Humane Society Western Region d/b/a Happy Paws Farms (HSWR) appeals the district court’s order granting summary judgment to Snohomish County on HSWR’s 42 U.S.C. § 1983 claims asserting that Snohomish County Code (SCC) 6.06.005(7) (2007), which limits housing of dogs in a licensed temporary animal shelter to six months, violated its substantive due process rights, and that the County’s dog barking and noise ordinances (SCC 6.06.025(1), 10.01.020(25), 10.01.020(29), 10.01.040(1), 10.01.050(5)(b) (2007)) are unconstitutionally vague and permit arbitrary enforcement. We reverse in part and affirm in part.

We reverse the district court’s holding that HSWR’s substantive due process claim challenging the County’s six-month housing limitation under SCC 6.06.005(7) was preempted by the Fifth Amendment’s Takings Clause. See Crown Point Dev., Inc. v. City of Sun Valley, 506 F.3d 851, 855-56 (9th Cir.2007); see also Action Apartment Ass’n, Inc. v. Santa Monica Rent Control Bd., 509 F.3d 1020, 1026 (9th Cir.2007).

However, HSWR’s claim still fails on the merits. HSWR acknowledges that the County has a legitimate interest in protecting the safety, health and welfare of the dogs…