Arguello v. Behmke

2006 N.J. Super. Unpub. LEXIS 2977 (2006)

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Arguello v. Behmke

New Jersey Superior Court
2006 N.J. Super. Unpub. LEXIS 2977 (2006)

Facts

Annabelle Arguello (plaintiff) resided in Kenner, Louisiana, with three dogs, including a Great Dane named Chopper. In 2005, Arguello was forced to evacuate her home due to Hurricane Katrina. Arguello had to move her dogs into Lamar-Dixon, a temporary animal shelter. Arguello filled out paperwork with Lamar-Dixon stating she needed the dogs to be housed for one month and requested to be called if the shelter closes. A Lamar-Dixon employee contacted Arguello with an update about Chopper, and Arguello stated she would return for all dogs within two weeks. When Arguello returned within the timeframe, her dogs were not at the facility. Arguello eventually located her other two dogs but continued to search for Chopper. Arguello discovered that Lamar-Dixon sent several animals to People for Animals in New Jersey to help alleviate the influx of pets due to the hurricane. Pamela Behmke (defendant) adopted Chopper from People for Animals. In November of 2005, when Arguello attempted to retrieve Chopper, Behmke refused. Arguello filed a writ of replevin. Behmke argued that the sheltering contract for Chopper provided that original owners had until October 15, 2005, to reclaim any animals.

Rule of Law

Issue

Holding and Reasoning ()

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