Hindu Couple In New York Lose Battle To Keep Cows In Village

I have previously posted information about the appeal filed by an Angelica, New York, Hindu couple, Stephen and Linda Voith, challenging a trial court's decision that prohibits them from keeping their six cows (considered sacred in Hindu beliefs) within the city limits. (Legal background.) On Friday, the Appellate Division affirmed the trial court’s determination. In Village of Angelica v. Voith, (App. Div., April 28, 2006), the court held that husband Stephen Voith had lost in a prior case after fully litigating the same free exercise defenses raised in this case. That operated as collateral estoppel to preclude both him, and his wife Linda who is in privity with him, from relitigating the issue. On the question of whether the town’s ordinance was violated, the court held their leasing of 12 non-contiguous acres did not satisfy the requirement that the animals be kept on at least a 10-acre area. Also the court said that the Voith’s claim that their animals are companions or pets did not bring them into compliance.