Robinson v. City of Bluefield

The City of Bluefield charged Estella Robinson with having a dangerous animal. Robinson pled guilty to the charge. The municipal court subsequently ordered the dog to be killed. Robinson appealed. The circuit court concluded that the municipal court had the authority to order the destruction of Robinson’s dog and affirmed the municipal court’s order. The Supreme Court reversed and remanded to the municipal court for entry of an order vacating its order to kill Robinson’s dog, holding (1) before the destruction of a dog may be ordered under the authority of W. Va. Code 19-20-20, satisfactory proof that the dog is “vicious, dangerous, or in the habit of biting or attacking other persons or other dogs or animals” must be presented before a circuit court or magistrate; and (2) because the City of Bluefield did not offer such proof before a circuit court or a magistrate, the circuit court erred by affirming the municipal court’s order. View "Robinson v. City of Bluefield" on Justia Law