## Facts

- Barbara and Robert Woodley kept several hundred dogs and some birds on residential property in Lee County, North Carolina.
- Evidence showed extensive filth, overcrowding, and neglect, including pervasive urine and feces, dogs eating feces, and animals with untreated medical conditions.
- Veterinarians testified many animals suffered serious ailments (e.g., severe dental disease, blindness), and numerous dogs were euthanized due to intractable conditions.
- The Animal Legal Defense Fund (ALDF) filed a civil action under North Carolina’s Civil Remedy for Protection of Animals (N.C. Gen. Stat. ch. 19A, art. 1), seeking to enjoin ongoing cruelty and obtain custody/forfeiture of the animals.
- The trial court granted a preliminary injunction (after reviewing evidence and visiting the property) requiring improved conditions and permitting ALDF to enter to provide care.
- After a bench trial, the trial court entered a permanent injunction divesting the Woodleys of possessory rights in the animals and awarding custody to ALDF.

## Issues

1. Whether the trial court lacked subject matter jurisdiction because ALDF’s complaint was not verified under N.C. Gen. Stat. § 19A-3.
2. Whether the Chapter 19A scheme is unconstitutional because it authorizes “any person” to bring an action to enforce animal-cruelty laws without showing individualized injury (standing).

## Decision

- The North Carolina Court of Appeals affirmed the judgment.
- The lack of verification did not defeat subject matter jurisdiction because § 19A-3’s verification requirement applies to preliminary injunction procedure, not the underlying cause of action.
- The statute’s authorization allowing “any person” to sue was upheld; ALDF had statutory standing to prosecute the action.
- The permanent injunction divesting the Woodleys of rights in the animals and awarding custody to ALDF was sustained.

## Legal Principles

- A statutory verification requirement tied to preliminary injunctive relief does not necessarily operate as a jurisdictional prerequisite to the court’s authority to adjudicate the merits and enter permanent relief.
- The General Assembly may create a civil cause of action to protect public interests and may confer enforcement authority on private plaintiffs, including by granting standing to “any person,” consistent with the state constitution in this context.
- Appellate review of bench-trial findings is deferential; factual findings supported by competent evidence will not be disturbed.

## Conclusion

The court upheld North Carolina’s citizen-suit animal-protection statute, rejecting a jurisdictional challenge based on lack of verification and affirming that “any person” may sue to enjoin cruelty and obtain custody of abused animals, including through a permanent injunction transferring custody to a private plaintiff.


Animal Legal Def. Fund v. Woodley, 181 N.C. App. 594, 640 S.E.2d 777 (N.C. Ct. App. 2007)