City Of Onida v. BrandtAnnotate this Case
The Supreme Court affirmed the order of the circuit court directing the Sully County sheriff to euthanize two dogs owned by Appellants as "vicious animals" under S.D. Codified Laws 7-12-29, holding that the circuit court did not err.
Appellants dogs attacked another dog, which died a few days later from internal injuries and complications fraud an infection caused by the attack. The City of Onida filed a petition for declaratory judgment requesting that Appellants' dogs be determined vicious animals under a city ordinance and, alternatively, sought a determination of dangerousness under section 7-12-29 and requested an order allowing the Sheriff to dispose of the dogs. The circuit court concluded that the City could not require the dogs to be euthanized under the ordnance but found that the dogs were dangerous under the statute and authorized the Sheriff to dispose of the dogs. The Supreme Court affirmed, holding that any error on the part of the circuit court in failing to require consultation with the Department of Health as part of its formal determination of dangerousness was harmless.