Marion County Admits Ordinance Definition Invalid



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. 

The pleading filed by the Marion County attorney admitted that Marion County's one kill definition is invalid based on the Hoesch decision. The judge will thus be able to sign an order invalidating that part of the ordinance without argument by the lawyers.  Marion County's pleading can be read in its entirety here.

The question, is, of course, will they continue to enforce the one kill rule? Will the commissioners meet and pass a new law, and if so, will there be any other changes?

But those worries are for another day.  Today we should all enjoy this great victory for the dogs of Marion County.  Thanks to Sandy Shaw, ULU's owner, for sticking with this case even after her dog was released.  ULU, this one is for you.

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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