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GONZALES v. STATE

No. 106,788.

238 P.3d 954 (2010)

2010 OK CIV APP 62

Kenneth Richard GONZALES, Plaintiff/Appellee, v. The STATE of Oklahoma and The City of Oklahoma City, Defendants/Appellants.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2. Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied June 1, 2010.

Attorney(s) appearing for the Case

Michael S. "Mickey" Homsey , Terry R. McMillan , Homsey & Associates, Oklahoma City, OK, for Plaintiff/Appellee Kenneth Richard Gonzales

Kenneth Jordan , Municipal Counselor and Timothy L. Weston , Matthew A. Collins , Susan D. Randall , Assistant Municipal Counselors, The City of Oklahoma City, for Defendant/Appellant The City of Oklahoma City.

Scott D. Boughton , Assistant Attorney General, Oklahoma Attorney General Litigation Section, Oklahoma City, OK, for Defendant/Appellant State of Oklahoma.

DEBORAH B. BARNES, Judge.

¶ 1 This accelerated1 appeal is brought by the State of Oklahoma (State) and the City of Oklahoma City (City) to challenge the trial court's ruling that 11 O.S. Supp.2008 § 22-115.1,2 a statute enacted in 2008, restricting the location of dog kennels near schools or licensed day care facilities, is unconstitutional as applied to appellee Kenneth Richard Gonzales (Gonzales...

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