For Your Data Vanater V. Hamlet Of Due South Indicate Example Brief
September 05, 2020
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Vanater v. Village of South Point representative brief
717 F.Supp. 1236
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717 F.Supp. 1236
CASE SYNOPSIS: Plaintiff domestic dog possessor brought an activeness against accused hamlet seeking a declaratory judgment too a permanent injunction yesteryear which he challenged the constitutionality of Ordinance Number 87-6 of the Village of South Point (Ohio), which prohibited ownership or harboring of Pit Bull Terriers or other vicious jobs inwards the limits of the village.
FACTS: The hamlet argued that the ordinance inwards inquiry was passed every 2d a valid do of its law power. It was established that belongings of citizens was held bailiwick to the full general law ability of the terra firma too could last regulated yesteryear the state. Ohio Const. Art. I, § nineteen provided that personal belongings rights were subordinated to the full general welfare. Control of dogs savage inside the law ability over populace wellness too safety. Though citizens could non last deprived of belongings without procedure too assuming dogs to last property, the courtroom nevertheless found that they were bailiwick to the law ability where they jeopardized populace wellness or safety. Legislation passed to protect the populace security had a potent presumption of constitutionality. The constitutionality exam inwards such a representative was whether the legislation had a rational relation to a legitimate governmental interest. The ordinance was reasonable considering the exceptional threat posed yesteryear Pit Bulls. The ordinance provided a meaningful touchstone too was non vague too at that topographic point was no arbitrary distinction betwixt Pit Bulls too other dogs. Finally, the statute was non overbroad too did non lay difficulties inwards enforcement that unduly burdened domestic dog owners.
CONCLUSION: The courtroom upheld the constitutionality of Ordinance Number 87-6 of the Village of South Point (Ohio).
FACTS: The hamlet argued that the ordinance inwards inquiry was passed every 2d a valid do of its law power. It was established that belongings of citizens was held bailiwick to the full general law ability of the terra firma too could last regulated yesteryear the state. Ohio Const. Art. I, § nineteen provided that personal belongings rights were subordinated to the full general welfare. Control of dogs savage inside the law ability over populace wellness too safety. Though citizens could non last deprived of belongings without procedure too assuming dogs to last property, the courtroom nevertheless found that they were bailiwick to the law ability where they jeopardized populace wellness or safety. Legislation passed to protect the populace security had a potent presumption of constitutionality. The constitutionality exam inwards such a representative was whether the legislation had a rational relation to a legitimate governmental interest. The ordinance was reasonable considering the exceptional threat posed yesteryear Pit Bulls. The ordinance provided a meaningful touchstone too was non vague too at that topographic point was no arbitrary distinction betwixt Pit Bulls too other dogs. Finally, the statute was non overbroad too did non lay difficulties inwards enforcement that unduly burdened domestic dog owners.
CONCLUSION: The courtroom upheld the constitutionality of Ordinance Number 87-6 of the Village of South Point (Ohio).
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