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  5. 794 S.W.2d 17 (1990)
 

CITY OF RICHARDSON v. RESPONSIBLE DOG OWNERS

No. C-9464.

794 S.W.2d 17 (1990)

CITY OF RICHARDSON, Texas, Petitioner, v. RESPONSIBLE DOG OWNERS OF TEXAS et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled September 6, 1990.

Attorney(s) appearing for the Case

H. Louis Nichols, Dallas, for petitioner.

Wayne Brown, Charles W. Yuill, Jr., Dallas, for respondents.

OPINION

SPEARS, Justice.

At issue is the validity of the City of Richardson's animal control ordinance. Several people, denominated as Responsible Dog Owners, sued for declaratory judgment, alleging that the legislature, through its enactment of sections 1.08 and 42.12 of the Texas Penal Code, has preempted the City's power to adopt an ordinance regulating the keeping of dogs. The trial court granted summary judgment in favor of the City. The court of appeals...

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