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Appeals court affirms ruling in custody dispute over cows Thursday, Mar 20, 2008 By Rob Moritz LITTLE ROCK - Andi and Goldie, cows in the middle of a custody dispute in Polk County, must return to their old grazing grounds, the Arkansas Court of Appeals ruled Wednesday. The custody dispute over Andi and Goldie began in 2004. Until then, Myron Lance, owner of the two cows, and Cathy Scott, who owned adjacent property, had shared their pastureland for cattle grazing. Each had about 20-25 head of cattle. They also shared other expenses. Lance and Scott had a falling out and ended their arrangement. The cattle were returned to their respective owners, and two gates separating their properties closed. Scott said she later found Goldie and Andi on her pastureland and she viewed them as pets. She said she thought Lance and deliberately left the cows on her property. In November 2005, Lance filed a complaint in Polk County District Court alleging Scott had "wrongfully converted" the two cows to her possession, and wrongfully sold the cows' offspring for profit. He asked for his cows back, and for the money Scott made on the sale of the calves. Scott asked for damages, including repairs she said she made to the fence line separating their properties to stop Lance's other cattle from grazing on her property, and for the use of her bull for breeding services. She also asked for money she spent on feeding, vaccinating and worming the cows. In October 2006, a Polk County district judge concluded that neither was entitled to damages but that Lance was entitled to get the cows back. Lance appealed the ruling and a hearing was held in circuit court in May 2007. During the hearing, Scott testified she spent about $875 feeding the cows and $1,142 to repair the fence. She also said she vaccinated and wormed the cows for $142. Circuit Judge Jerry Wayne Looney later ruled the cows should be returned to Lance, along with the most recent offspring of one of the cows. However, he denied Lance any damages, saying he knew Scott "incurred costs and expenses in keeping and maintaining the two cows and the offspring." Lance appealed Looney's decision to the Court of Appeals, arguing the circuit judge erred in giving Scott credit for keeping Andi and Goldie without there being sufficient evidence to determine her expenses. He also argued Looney erred by not awarding him money for the sale of the cows' offspring. In its ruling Wednesday, the appeals court said ordering the cows back to Lance and refusing to award him payment for the cows' offspring were correct. "While it may be difficult to calculate Ms. Scott's expenses precisely, it cannot be disputed that they were considerable," Judge John Robbins wrote. "In this case. Mr. Lance was owed either the value of his cows, or the cows themselves, and he was awarded the cows." |
