This appeal arises from an order entered in the Circuit Court of Mercer County that affirmed the Municipal Court of Bluefield’s order to euthanize the petitioner’s dog. The respondent, the City of Bluefield, filed suit in the municipal court seeking to euthanize the petitioner’s dog pursuant to §4-49 of the Code of Ordinances of the City of Bluefield. The petitioner entered a guilty plea in the municipal court for owning, keeping, and/or harboring a dangerous animal, in violation of §4-49 of the Code of Ordinances. In connection with her plea, the dog was ordered to be euthanized. The petitioner appealed the decision to the Circuit Court of Mercer County. The circuit court denied the appeal on the grounds that the municipal court does in fact have the authority to enforce §4-49 of the Code of Ordinances. The petitioner now brings her appeal to the Supreme Court and seeks a remand to receive a full and complete hearing on the merits to determine whether her dog is vicious and needs to be destroyed.
Gerald R. Linkous
Princeton, West Virginia
Brian K. Cochran
Brewster, Morhous, Cameron, Caruth, Moore, Kersey, & Stafford PLLC
Bluefield, West Virginia