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Mansfield Tanick Q Cohen P.A. <br />Attorneys at Law <br />November 22, 2010 <br />Marshall H. Tanick <br />mtanick@mansfieldtanick.com <br />Civil Trial Specialist Certified <br />By the Minnesota State Bar Association, <br />Licensed in Minnesota and California <br />VIA FAX (612) 339 -0038 and U.S. MAIL <br />Joseph Langel <br />City Attorney - City of Lino Lakes <br />Ratwik, Rozak & Maloney Law Firm <br />300 U.S. Trust Building <br />730 Second Avenue S. <br />Minneapolis, MN 55402 <br />Re: Mitchell Sawh (Brody the Dog) - City of Lino Lakes <br />Dear Mr. Langel: <br />Thank you for getting back to me the other day regarding the above <br />matter. I have now had a chance to make a presentation to the Lino Lakes City <br />Council Monday night showing why this family's dog, Brody, should not be <br />destroyed. I recognized, as does he, that the dog has been involved in three <br />bite incidents. All of these are somewhat unusual and aberrational and do not <br />warrant the death penalty. <br />From my understanding, the first incident occurred with a neighbor with <br />whom there was somewhat of an unpleasant relationship with the Sawh family. <br />The second incident, which was the subject of testimony earlier this month, <br />involved a woman who was walking across the lawn and trespassing. She <br />admits that she aggravated, or agitated the dog by a provocative gesture. The <br />third incident, which, occurred after the dog was deemed "dangerous," was .a <br />minor bite to a delivery man who mistakenly went down to the family's <br />basement where Brody was confined at the time, even though he was not <br />supposed to do so. This apparently was due to some type of <br />miscommunication between he and Mrs. Sawh. <br />I recognize, as does Mr. Sawh, that the dog has been deemed <br />"dangerous." I also recognize that under the Lino Lakes ordinances, the animal <br />control authorities are authorized to destroy a dog if a bite occurs after it has <br />been deemed dangerous. However, the use of the language "shall" in the <br />1700 U. 5. Bank Plaza South <br />220 South Sixth Street <br />Minneapolis, MN 55402 -4511 <br />tel 612.339.4295 <br />fax 612.339.3161 <br />www.rnansfieldtanick.com <br />Branch off' in Saint Louis Park <br />and Saint Paul, Minnesota Member: Lawyers Associated Worldwide (LAW) <br />All attorneys licensed in Minnesota. <br />Attorneysdso licensed in California, <br />District of Columbia, Horida, Illinois, <br />New York and Wisconsin. <br />