Susan Phillips, Russell Phillips, and Mary Phillips v. Director of the Department of Animal Regulation, San Luis Obispo County Health Agency, County of San Luis Obispo, City of Atascadero

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Case Citation:  228 Cal.Rptr. 101 Cal.App. (2 Dist.,1986) Year Case Filed:  1986 Jurisdiction Level:  California Drafting Attorney:  Shauna Sullivan, Joyce Tischler
Summary:

These are detailed briefs on why an administrative hearing is required before a "dangerous" dog is euthanized.

Documents:  PDF icon pbuscamanphillips.pdf (506.68 KB) PDF icon pbuscaacphillips.pdf (1.2 MB) PDF icon pbuscaaprphillips.pdf (1.3 MB)

"Missy," a black lab was known to have a bad habit of biting children.  She was seized by the San Luis Obispo County Department of Animal Regulation who ordered her to be euthanized.  Missy's owners, the Phillips' demanded that she receive an administrative hearing.  The director of the Department denied this request and the Phillips's sued for a hearing.  The Phillips had to file a Petition for Writ of Mandamus to halt the euthanasia of Missy while they challenged the order in court.Their challenge was upheld in the Court of Appeals.

 

Phillips v. San Luis Obispo County Dept., 228 Cal.Rptr. 101 Cal.App. (2 Dist.,1986)

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