- Category: Solesky v. Tracey
- Published on Tuesday, 21 August 2012 18:45
- Written by Fred M. Kray
Maryland Court Grants Motion to Reconsider
As To Cross Breeds and Mixed Breeds
In what I consider a shocking move, the Maryland Appeals Court has granted Tracey's Motion for Reconsideration. The full opinion can be read here.
I will need more time to digest this decision, but it appears from a brief review (a skin really) that the court has taken out of it's decision any reference to mixed or cross breed pit bulls.
Thus, it appears these cases will now turn on whether the dog involved in the case is identifiable as a "pit bull." And I suppose, it will further depend on whether the landlord knew it was a pit bull. This will create a problem with enforcement on several levels. First visual breed identification has no scientific basis, second is 100% pure breed now required, and third pit bull is not a breed.
It seems then, that since the vast majority pit bulls are mixed or cross breeds, that the decision will have a very limited application. If owners and landlords require proof that a dog is a purebred, there will be very little application of this holding. This is a good thing for owners of mixed and cross breed pit bulls.
What will the legislature do next?
Tune in for more on tonight's show.