- Category: Solesky v. Tracey
- Published on Friday, 01 June 2012 16:26
- Written by Fred M. Kray
Tracey Attorneys File
Motion for Reconsideration
The defendant in the Solesky case has filed a Motion for Reconsideration, which can be read in its entirety here. At the same time, the Maryland legislature has appointed a Task force to review the opinion and the effects it will have on Maryland dog owners.
I will be discussing in more detail the 19 page motion on Tuesday night's radio show. In a nutshell, the motion criticizes the Solesky decision for 1) failing to follow precedent; 2) based on unsound science; 3) exceeding judicial authority by relying on legislative facts from other jurisdicitions; 4) ignoring science conflicting with that the court relied upon; 5) making a decision without any record below of the science or evidence relied upon; 6) pit bulls are not a breed and the term cross breed pit bull is "inherently quixotic initiative that will spark litigation and uncertainty; 7) BSL is best left to the legislature; 8) application to Tracey of a new standard of care retroactively is unfair and unconstitutional. In the alternative, the motion asks that the court delay any further decision pending the special legislative session scheduled.
Tune in Tuesday night at 8:00 pm EST to hear all the details!