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JUSTICE FOR ANIMALS, INC. v. ROBESON COUNTY

No. COA02-1336.

595 S.E.2d 773 (2004)

JUSTICE FOR ANIMALS, INC. and Helen Walker, individually, Plaintiffs, v. ROBESON COUNTY, Bill Smith, Director of Robeson County Health Department, Hugh Cole, Director, Robeson County Animal Control Facility, Defendants.

Court of Appeals of North Carolina.

May 18, 2004.

Attorney(s) appearing for the Case

William A. Reppy, Jr., Durham, and Larry J. McGlothlin, Fayetteville, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Mark A. Davis, Raleigh; and J. Hal Kinlaw, Jr., Lumberton, for defendants-appellees.

GEER, Judge.

Plaintiffs Justice for Animals, Inc. ("JFA") and Helen Walker appeal from an order granting defendants' motion to dismiss plaintiffs' complaint challenging the euthanasia procedures and record keeping of the Robeson County Animal Control Facility. Because plaintiffs failed to exhaust their administrative remedies, we affirm the trial court's dismissal.

Facts

On or about 5 November 2001, plaintiffs filed a complaint in Robeson...

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