Justia Animal / Dog Law Opinion Summaries

Articles Posted in Supreme Court of Ohio

Cynthia Huntsman operated a farm on which she kept multiple species of wild animals that are regulated by the Ohio Dangerous Wild Animals and Restricted Snakes Act. Huntsman had no permit to possess “dangerous wild animals” under the Act. The Ohio Department of Agriculture (ODA) ordered the transfer of multiple dangerous wild animals found in Huntsman’s facility to a temporary holding facility established by the ODA. A Stark County Common Pleas Court judge granted Huntsman a temporary restraining order against the ODA and ordered the ODA to return the seized animals to Huntsman. The director of the ODA sought a writ of prohibition to prevent the judge from continuing to exercise jurisdiction over the case. The Supreme Court granted a peremptory writ of prohibition to prevent the judge from proceeding in the underlying case and ordered him to vacate his previous orders in the case, holding that the judge patently and unambiguously lacked jurisdiction to order the return of the dangerous wild animals seized from Huntsman and her farm. View "State ex rel. Dir., Ohio Dep’t of Agriculture v. Forchione" on Justia Law