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CITY OF DELRAY BEACH v. ST. JUSTE

No. 4D07-2985.

989 So.2d 655 (2008)

CITY OF DELRAY BEACH, Appellant, v. Marguene ST. JUSTE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 24, 2008.

Attorney(s) appearing for the Case

Terrill C. Pyburn and R. Brian Shutt, Delray Beach, and Kara Berard Rockenbach of Gaunt, Pratt, Radford, Methe & Rockenbach, P.A., West Palm Beach, for appellant.

Lloyd J. Heilbrunn and Brian W. Smith of the Law Office of Lloyd J. Heilbrunn, Palm Beach Gardens, for appellee.

Keith W. Davis and Bradley W. Biggs of Corbett and White, P.A., Lantana, for Amicus Curiae Palm Beach County League of Cities, Inc.

KLEIN, J.

The city appeals a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. We conclude that decisions made by the city's animal control officer and police to not impound the dogs, were discretionary decisions, for which the city is immune.

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