IN THE ClRCUTT COURT

THIRD JUDICIAL ClRCUTT

MADISON COUNTY, llLlNOIS
) ) IN RE THE APPLICATION OF THE PEOPLE ) ) OF THE STATE OF llLlNOIS FOR A DECLARATION TO THE RIGHT OF ) POSSESSION OF NINA, A PRIMATE, ) 13-MR- \~O ) )

DECLARATION OF THE RIGHT OF POSSESSION TO NINA. A PRIMATE

This matter comes on to be heard upon the application of The People of the State of Illinois For A Declaration of the Right to the Possession of Nina, a primate. The Court, having heard the evidence and arguments, finds as follows: 1. 2. That "Nina" is a female Java macaque monkey (primate); That "Nina" has been in the wrongful possession of Kendra D. Hougland and Christopher A. Hougland, who held themselves out to be the monkey's owners, at the address of 44 Holly Drive, Alton, Madison County, Illinois, since on or about August 31,2012; That the said Houglands were given "Nina" by a Steve Allsman and Keith Sanders, also residents of Alton; That on or about June 2, 2013, "Nina" bit without provocation a child who was attending a public event in Glazebrook Park, Godfrey, Madison County, Illinois; That as a result of this incident, Madison County Animal Control and the Madison County Sheriff s Department had the right to seize and take custody of "Nina" as she presented an imminent threat to the safety of the Public. see 720 ILCS 5/48-10(j)

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(2012)
6. That from the date of the incident and until approximately June 17,2013, "Nina" was in the temporary custody of Cynthia Ann Ray at the address of5515 State Route 140, Bethalto, Madison County, Illinois, with the approval and knowledge of Madison County Animal Control because its facilities could not accommodate housing a primate; Page 1 of 2

13-MR- l 7.

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That the said Ray knew that her custody of "Nina" was only temporary pending a resolution of the matter and conditioned upon her compliance with any and all directions given to her by Madison County Animal Control or the Madison County Sheriffs Department; That despite the fact that she was only the temporary custodian of "Nina", Ray unlawfully and without authority and without the knowledge of either Madison County Animal Control or the Madison County Sheriffs Department caused ''Nina'' to be transported to the state of Indiana where it is presumed that "Nina" remains; That pursuant to 720 ILCS 5/48-10 (2012), commonly known as "The Dangerous Animal Act", it is a criminal offense to possess a primate. None of the very narrow and limited exceptions allowing for primate ownership apply to this situation; That neither said Houglands nor Ray have any right of property in "Nina", that neither the Houglands nor Ray are "owners" as defined by the Act and that "Nina" is not and never has been "in compliance with the provisions of this [Act]." 720ILCS 5/48-10(f); That a representative of the St. Louis Zoo has agreed to retrieve "Nina" and transport her to an approved facility which meets the requirements of the Dangerous Animal Act, but Zoo authorities require proof that the People of the State of Illinois have a right to possess and transfer possession of "Nina".

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WHEREFORE, having found that no private citizen is or can be a lawful "owner" of"Nina" pursuant to the provisions of the Dangerous Animal Act, the People of the State of Illinois have a right to the possession of said monkey and the authority to transfer its possession to the St. Louis Zoo for placement in an approved facility which confonns to the requirements of the Act. IT IS HEREBY DECLARED AND IT IS THE ORDER OF THIS COURT THAT THE PEOPLE OF THE STATE OF ILLINOIS HAVE THE RIGHT TO THE POSSESSION OF NINA, A PRIMATE, AND THE AUTHORITY TO TRANSFER NINA TO AN APPROVED FACILITY CONFORMING TO THE REQUIREMENTS OFTHE DANGEROUS ANIMAL ACT.

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