TOLEDO v. TELLINGS

No. 2006-0690.

114 Ohio St.3d 278 (2007)

2007-Ohio-3724

CITY OF TOLEDO, Appellant, v. TELLINGS, Appellee.

Supreme Court of Ohio.

Decided August 1, 2007.


Attorney(s) appearing for the Case

John T. Madigan, Toledo Acting Law Director, Adam Loukx, General Counsel, and Joseph Howe and Daniel R. Pilrose Jr., Assistant Prosecuting Attorneys, for appellant.

Rubin Zyndorf Associates, P.C., and Sol Zyndorf, for appellee.

Marc Dann, Attorney General, Elise W. Porter, Acting State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, Robert J. Krummen, Deputy Solicitor, and Daniel W. Fausey and Todd Marti, Assistant State Solicitors, urging reversal for amicus curiae Ohio Attorney General.

Robert J. Triozzi, Cleveland Law Director, and Victor R. Perez, Chief Prosecutor, urging reversal for amicus curiae city of Cleveland.

Debora M. Bresch, urging affirmance for amicus curiae American Society for the Prevention of Cruelty to Animals.

Scott J. Saum and Carolyn Chan, urging affirmance for amicus curiae American Canine Foundation.


MOYER, C.J.

{¶ 1} Appellant, the city of Toledo, appeals from the judgment of the Court of Appeals of Lucas County that held R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 unconstitutional. For the following reasons, we reverse the judgment of the court of appeals.

{¶ 2} Appellee, Paul Tellings, a resident of the city of Toledo, owned three dogs identified as pit...

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