MORAWEK v. CITY OF BONNEY LAKE

No. 44542-5-II.

337 P.3d 1097 (2014)

Thomas MORAWEK, Appellant, v. CITY OF BONNEY LAKE, Respondent.

Court of Appeals of Washington, Division 2.

November 13, 2014.


Attorney(s) appearing for the Case

Sean Vincent Small , Lasher Holzapfel Sperry & Ebberson PLLC, Seattle, WA, for Petitioner.

Maili Caroline Barber , City of Bonney Lake, Bonney Lake, WA, for Respondent.


MELNICK, J.

¶ 1 Thomas Morawek appeals the superior court order upholding a hearing examiner's decision that his dog is a "dangerous dog" under the Bonney Lake Municipal Code (BLMC) because the dog killed a neighbor's cat without provocation. Because substantial evidence does not support the lack of provocation finding, we reverse the dangerous dog designation. But, because the City did not act arbitrarily or capriciously in pursuing the dangerous dog designation...

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