Caswell County v. Hanks

ARNOLD, Chief Judge.

Defendants contend that the trial court erred by conducting only a de novo review of the existing record rather than a de novo hearing. We agree.

N.C. Gen. Stat. § 67-4.1 provides the following procedures for determining whether a dog is potentially dangerous:

The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a “potentially dangerous dog” and shall designate a separate Board to hear any appeal. The person or Board making the determination that a dog is a “potentially dangerous…