- Category: Shaw [ULU]
- Created on 24 March 2011
- Published on 24 March 2011
- Written by Fred M. Kray
Judge Futch Enters Order Invalidating Marion County Dangerous Dog Definition—County Agrees not to Enforce
Judge 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.
The case is not over, however. Ulu's attorney will go forward on several other issues: 1) The County's policy of not allowing visitation to dogs pending the dangerous dog investigation; 2) Failure to require notice of the dangerous dog hearing; 3) The County policy of not allowing a dog to be kept at home pending the dangerous dog investigation; and 4) allowing the Dangerous Dog Board and Code Enforcement Board have the same members.
The County advised that it was looking into the above issues in its required re-write of the law, but that no decision had yet been made on what the new law would contain, other than defining a dangerous dog consistent with State law and Judge Futch's order.
Obviously more to come on this story as it develops.