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MILLER v. GONZALES

No. 106,771. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

239 P.3d 163 (2010)

2010 OK CIV APP 56

Sister Patricia Ann MILLER, Representative of the Carmelite Sisters of St. Teresa, Plaintiff/Appellee, v. Kenneth Richard GONZALES, Defendant/Appellant, and The State of Oklahoma, Intervenor/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied May 17, 2010.

Attorney(s) appearing for the Case

Michael S. "Mickey" Homsey , Terry R. McMillan , Homsey & Associates, Oklahoma City, OK, for Defendant/Appellant.

Kevin Calvey , Kevin J. Calvey, P.C., Oklahoma City, OK, for Plaintiff/Appellee.

Scott D. Boughton , Assistant Attorney General, Oklahoma Attorney General, Litigation Section, Oklahoma City, OK, for Intervenor/Appellee.

DEBORAH B. BARNES, Judge.

¶ 1 This accelerated1 appeal is brought to challenge the constitutionality of 11 O.S. Supp.2008 § 22-115.1,2 a statute enacted in 2008 that restricts the location of dog kennels in certain locations near schools or day care facilities. Appellant Kenneth Richard Gonzales (Gonzales) is the owner of an unlicensed dog kennel that is located within 2,500 feet of Villa Teresa Moore...

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