A legal challenge over two pit bulls in North Kingstown's pound because their owners live within a mile of a private school is headed to Superior Court in Providence.

Municipal Court Judge Joseph White ruled Wednesday that because the lawyer representing the family that owns the dogs facing euthanasia raised a state constitutional issue required him to refer the case to Superior Court.

The case involves two pit bulls owned by Kristy Miserendino, her mother, Kim, and her boyfriend. A woman filed a complaint in July that she was nipped or bitten by the dogs.

A town panel found the dogs to be vicious and later informed the family of a town law that forbids anyone from owning a dog considered vicious within a mile of a school.