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IN RE PETERSON'S DOGS

No. 20090160.

776 N.W.2d 52 (2009)

2009 ND 206

In the Matter of Lila PETERSON'S DOGS. Lila Peterson, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 15, 2009.

Attorney(s) appearing for the Case

Justin J. Vinje (argued), Bismarck, ND, for petitioner and appellant.

Lloyd C. Suhr (argued), Assistant State's Attorney, Bismarck, ND, for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Lila Peterson appeals from a district court memorandum opinion and order finding she cannot provide adequate care for her dogs and ordering the State not to return the dogs to her. Peterson argues the State did not have probable cause to initially confiscate the dogs, and the district court erred by finding she could not care for them. We hold probable cause existed to confiscate Peterson's dogs, and the district court was not clearly...

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