Dangerous Dog Cases from Marion County, Florida

Marion County Passes New Dangerous Dog Law

Mission Accomplished!
Marion County Passes "Ulu's Law"

ulu

Marion County Passes New Dangerous Dog Law

On July 5, Marion County Commissioner's passed a new dangerous dog law, a copy of which can be read in its entirely here.  The new provisions regarding the Dangerous Dog section of the ordinance, addressed almost all the issues that we were litigating in Ulu's case from the very beginning, over a year ago.  I will always think of the new Marion County Ordinance as "Ulu's Law."  The end result is that Marion County is now a much better place for dogs and their owners to live.

The litigation started with getting Ulu home via a Writ of Replevin, and sucessful Motions for Summary Judgment on the dangerous dog definition and the notice issue.  As a result of the case, the county attorney, in writing the new law, changed in a fundamental way the manner in which dangerous dog cases are handlend. The significant changes are:

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Motion Filed to Invalidate Marion County Dangerous Dog Board

Motion Filed to Invalidate Marion County Dangerous Dog Board and to Require Notice of Dangerous Dog Hearing

uluA Motion has been filed in Ulu's case to invalidate Marion County's Dangerous Dog Board and to require notice to owners of their Dangerous Dog hearing. The Motions are to be heard before Judge Futch on June 27, 2011 at 2:30 pm. The Motions will be posted in their entirety on the site shortly.

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Futch Enters Order Invalidating Marion County Ordinance

Judge Futch Enters Order Invalidating Marion County Dangerous Dog Definition—County Agrees not to Enforce

futchdeforderJudge Futch signed an order today invalidating Marion County's Dangerous Dog Definition which classified dogs as dangerous if they killed a domestic animal once.  A copy of the full order can be read here.  It was an anticlimatic moment after over a year of litigation.  The County agreed that its definition conflicted with State Law and agreed not to enforce the old definition.  What could have been a dramatic legal battle ended with a whimper.  There was no legal argument whatsoever, and the judge signed an order that had been agreed upon by the parties. 

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Marion County Admits Ordinance Definition Invalid

Victory!

ulu

Marion County Admits Dangerous Dog Definition Invalid

The Marion County Attorney filed a pleading today in preparation for the Motion for Summary Judgment hearing scheduled for March 18 before Judge Futch.  The Motion for Summary Judgment was filed on behalf of ULU (pictured above) and  argued that Marion County's one kill dangerous dog definition was unconstitutional.  The Motion cited the Hoesch case which found that the one kill definition in Broward County was invalid. 

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Motion for Summary Judgment Filed to Invalidate Marion County Dangerous Dog Ordinance

Definition of Dangerous Dog Challenged in Ulu's Case

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Motion for Summary Judgment to Test Constitutionality Set for March 18, 2011

A Motion for Summary Judgment has been filed in County Court to test the constitutionality of Marion County's definition of dangerous dog to include an animal that has killed a domestic animal once.  The definition does not meet the state law definition, and in the recent case of Hoesch v. Broward County, a one kill definition was found to be unconstitutional.

Based on the Hoesch case, it is argued that Marion County's definition is likewise unconstitutional, and asks the court to not only invalidate the definition, but to enjoin enforcement. The hearing is set for March 18, 2011, and it will be interesting to see how the County, based on Hoesch, can defend its position.

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Dangerous Dog Law

Helping to defend our best friends. Dangerous Dog Law (DDL) focuses on the legal defense of allegedly dangerous dogs. DDL is a member of the Pit Bulletin Legal News Network.

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