The Supreme Court on March 26 upheld lower court rulings prohibiting a Tokyo condominium resident from keeping a dog.
The top court ruled that a condominium management union's provision prohibiting dogs has rationality in that keeping dogs in a common housing building may cause discomfort to other residents of the building. The top court also ordered the dog owner to pay 400,000 yen in damages to the management union, comprised of residents of the condominium in Tokyo's Shinagawa Ward.
The ruling is certain to affect a large number of similar lawsuits, observers said. After the decision was handed down, the appellant said he had tried to ensure that the dog did not cause other residents any inconvenience and that no real damage had been caused.
He also said that he cannot abandon the dog, which he considers a member of the family, and so he and his family will have to leave the condominium.
During the trial, the appellant argued that keeping a pet is a constitutionally guaranteed right. But presiding Justice Mikio Ono rejected his argument, describing it as a "unique opinion."