Christopher Western and Lyann Western
v.
City of Cedar Falls, Administrative Committee of the City of Cedar Falls and Cedar Falls Police Chief Mark Howard
Appellant
Christopher Western and Lyann Western
Appellee
City of Cedar Falls, Administrative Committee of the City of Cedar Falls and Cedar Falls Police Chief Mark Howard
Attorney for the Appellant
Jamie Hunter
Attorney for the Appellee
Henry J. Bevel and Austin J. McMahon
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge. WRIT ANNULLED. Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ. Opinion by Tabor, C.J. (10 pages)
Dog owners appeal a decision by the City of Cedar Falls to “humanely destroy” their American bulldog, Reese. Their dog, according to the city council’s administration committee, poses an “unreasonable risk of harm” to the public. The Westerns contend the record lacks substantial evidence to support that conclusion. OPINION HOLDS: After four previous biting incidents, the city slated Reese for destruction, but the police chief gave his owners a second chance. Unfortunately, their lack of supervision led Reese to bite a fifth individual—a teen riding by on a bicycle. We conclude substantial evidence supports the city’s determination that the dog poses an unreasonable risk of harm to public safety, so we annul the writ.
