IN RE MOLLY

No. A05-1130.

712 N.W.2d 567 (2006)

In the Matter of the Disposition of MOLLY, a German Shorthaired Pointer Owned by William Frederick Klumpp, Jr.

Court of Appeals of Minnesota.

May 2, 2006.


Attorney(s) appearing for the Case

Thomas F. Pursell, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for appellant William Frederick Klumpp, Jr.

Jerome P. Filla, Peterson, Fram & Bergman, St. Paul, MN, for respondent City of Arden Hills.

Considered and decided by MINGE, Presiding Judge; RANDALL, Judge; and COLLINS, Judge.


OPINION

COLLINS, Judge.*

Appellant challenges the district court's order designating his dog a "dangerous dog" under Minn.Stat. § 347.50, subd. 2(2) (2004). Because we conclude that (1) respondent lacked legal authority to bring an action under the statute and (2) it cannot be concluded from the record that appellant's dog "killed" the other dog within the plain meaning of the statute, we reverse the designation.

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