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CASWELL COUNTY v. HANKS

No. COA94-802.

462 S.E.2d 841 (1995)

CASWELL COUNTY, Plaintiff-Appellee v. James and Ramona HANKS, Defendant-Appellants.

Court of Appeals of North Carolina.

October 17, 1995.

Attorney(s) appearing for the Case

No brief for plaintiff-appellee.

Marianna R. Burt, Apex, and Aida Fayar Doss, Raleigh, for defendant-appellants.

ARNOLD, Chief Judge.

Defendants contend that the trial court erred by conducting only a de novo review of the existing record rather than a de novo hearing. We agree.

N.C.Gen.Stat. § 67-4.1 provides the following procedures for determining whether a dog is potentially dangerous:

The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a ...

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