Durham v. Jenkins

BENJAMIN, Justice:

The petitioners, Ron and Rhonda Durham (“the Durhams”), appeal the March 31, 2011, order of the Circuit Court of Grant County denying the Durhams’ motion to dismiss and affirming the Grant County Magistrate Court’s order to have the Durhams’ dog, a Rottweiler mix, killed pursuant to W. Va. Code § 19-20-20 (1981). The respondents, Freddie and Elisha Jenkins (“the Jenkins-es”), brought a civil suit under § 19-20-20 against the Durhams requesting that the magistrate court order the Rottweiler mix killed, alleging that the dog is vicious, dangerous, or in the habit of biting or…