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Broyles v. Department of Cmty. Health & Env't of St. Charles Cnty.

Court of Appeals of Missouri, Eastern District, Second Division

March 10, 2015

MARY BROYLES, Appellant,
v.
DEPARTMENT OF COMMUNITY HEALTH & ENVIRONMENT OF ST. CHARLES COUNTY, Respondent

Appeal from the Circuit Court of St. Charles County 1311-CC00926. Honorable Ted C. House.

Mary Broyles, APPELLANT, Pro se, St. Charles, MO.

FOR RESPONDENT: Drew A. Heffner, Associate County Counselor, St. Charles, MO.

Mary K. Hoff, Judge. Sherri B. Sullivan, Presiding Judge and Philip M. Hess, Judge, concur.

OPINION

Page 518

Mary K. Hoff, Judge

Mary Broyles (Broyles) appeals from the judgment of the trial court affirming the decision of the Director of the St. Charles County Department of Community Health and the Environment (Director) declaring her dog to be a dangerous animal under Chapter 205 of the St. Charles County Ordinances and directing that he be euthanized. We dismiss.

Factual and Procedural Background

On August 5, 2013, the Division Director of the St. Charles County Division of Human Services (Division Director) declared a brown and black male German Shepherd named Diesel, to be a dangerous dog, pursuant

Page 519

to St. Charles County Ordinance, Section 205.142.

On August 7, 2013, the dog's owners, Broyles and her son, requested, in writing, an appeal hearing, as provided pursuant to Section 205.145.C.2., before the Director, challenging the decision of the Division Director.

On August 16, 2013, a hearing was held to determine whether Diesel was a dangerous dog and, if so, what the disposition of this case would be. At this hearing, the Director found competent and substantial evidence was adduced to show Diesel has made two unprovoked bites of human beings resulting in injury requiring medical care. Further, the Director determined one of these bites was a severe, unprovoked attack which resulted in serious injury. There was also testimony that on at least two occasions Diesel, while off his owner's or custodian's premises, approached individuals in a menacing fashion. Finally, the Director found no credible evidence was presented of the owner's or custodian's use or attempted use of adequate control or training to protect the public from injuries inflicted by Diesel.

On August 23, 2013, the Director issued her final decision in reference to Diesel, upholding the declaration of Diesel as a dangerous dog and ordered him to be humanely euthanized. On September, 20, 2013, Broyles filed a petition for review pursuant to Sections 536.100-536.140. On March 5, 2014, Broyles's petition for review was heard and on March 6, 2014, the trial court issued its judgment finding that the final decision of the Director on August 23, 2013, was supported by competent and substantial evidence upon the ...


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