Niagara Gazette

Local News

March 14, 2013

SPCA membership fee lawsuit dismissed

Niagara Gazette — LOCKPORT — A State Supreme Court judge has dismissed a suit brought by three members of the SPCA of Niagara, challenging new voting membership fees and the election fo the shelter's current Board of Directors.

In a ruling from the bench, Justice Richard Kloch Sr. said the the board acted within its by-laws when it raised the charge of voting membership in the not-for-profit corporation from $25 to $1,000. The judge said he was not gong to "run the Niagara County SPCA."

Kloch also ruled from the bench that the May 2012 election of the shelter's current board of directors complied with both state law and the organization's by-laws that were in place at that time.

SPCA Board President Bryan Barish, who was in the courtroom for the lengthy arguments on the suit Thursday morning, expressed pleasure with Kloch's immediate ruling.

"(The members bringing the suit) asked him for a written decision and (Kloch) said, 'No'," Barish said. "He said it was his order that (the lawsuit) be dismissed. He felt there wasn't any merit to their claims."

The members who brought the suit, including Carol Tutzauer, the president of Buffalo Humane, expressed disappointment in the ruling. Their attorney vowed to appeal the decision.

“Even if everything the board did was technically legal,” Tutzauer said in a written statement released to the news media late Thursday afternoon, “this Society for the Prevention of Cruelty to Animals was formed in the 1800s as a collective of the community to serve the public, and does so under legal authority at taxpayer expense. I fear that this will simply drive the community away from participation rather than engage them. That was a key reason for this action on our part.”

Barish called that claim baseless.

"The courtroom was packed with our volunteers. It was standing room only. Some of them cried when the decision was announced," he said. "It goes to show we have fantastic support in this community and they support what we are doing for the animals."

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
Tributes Mark Boston Bombing Anniversary Raw: Kan. Shooting Suspect Faces Judge US Supports Ukraine's Efforts to Calm Tensions Suspect in Kansas Shootings Faces Murder Charges Ukraine: Military Recaptures Eastern Airport Raw: Storm Topples RVs Near Miss. Gulf Coast NASA Showcases Lunar Eclipse Pistorius Cries During Final Cross-Examination The Boston Marathon Bombing: One Year Later Michael Phelps Set to Come Out of Retirement First Women Move to Army Platoon Artillery Jobs Sex Offenders Charged in Serial Killings Police: Woman Stored Dead Babies in Garage OC Serial Murder Suspects May Have More Victims Family: 2 Shot in Head at Kan. Jewish Center Raw: Horse Jumping Inspires 'Bunny Hop' After Attack, Officials Kill 5 Bears in Florida Popular Science Honors Year's Top Inventions ND Oil Boom Attracting Drug Traffickers
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results