Document Type

Book Chapter

Publication Date

2010

Abstract

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.

Comments

Chapter 13 in “The Great Dissents of the 'Lone Dissenter': Justice Jesse W. Carter's Twenty Tumultuous Years on the California Supreme Court,” Oppenheimer, David & Allan Brotsky, eds. (Carolina Academic Press, 2010). Posted with permission from Carolina Academic Press. All rights reserved.