State ex rel. Dir., Ohio Dept. of Agriculture v. Forchione (Slip Opinion), 148 Ohio St. 3d 105

Background

Ohio enacted the Dangerous Wild Animals and Restricted Snakes Act (R.C. Chapter 935) in 2012, assigning exclusive authority to the Ohio Department of Agriculture (ODA) director to investigate, quarantine, transfer, and (after administrative proceedings) permanently seize dangerous wild animals.
Owners were required to obtain permits by Jan 1, 2014; several statutory exemptions exist (e.g., ZAA accreditation, limited other permits) but Huntsman had not obtained a Chapter 935 permit and failed to establish an exemption.
ODA obtained a search warrant for Stump Hill Farm after Huntsman refused consent, discovered multiple unpermitted dangerous animals, and issued an administrative transfer order under R.C. 935.20 to move several animals to ODA custody.
Huntsman sought and the Stark County Common Pleas judge (Forchione) granted a temporary restraining order directing return of the animals pending a preliminary injunction hearing.
ODA (Director Daniels) petitioned the Ohio Supreme Court for a writ of prohibition arguing the trial court patently and unambiguously lacked jurisdiction over administrative transfer orders under R.C. Chapter 935.
The Ohio Supreme Court granted a peremptory writ of prohibition, instructing Judge Forchione to vacate his orders and forbidding further judicial proceedings in the underlying case.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether common pleas court has jurisdiction to order return of animals seized after ODA search	ODA: The director has exclusive statutory authority over quarantine/transfer under R.C. Chapter 935; courts lack jurisdiction	Forchione/Huntsman: Court can grant injunctive relief and review ODA action; issuance of the warrant gives the court power to order return	Court held trial court patently and unambiguously lacks jurisdiction; ODA has exclusive authority and writ granted
Effect of "may" in R.C. 935.20(A) (discretion to quarantine/transfer)	ODA: "May" confers director discretion but not shared authority with courts	Forchione: "May" suggests permissive, not exclusive, language and leaves room for judicial intervention	Court: "May" grants discretion to director but does not transfer authority to courts; exclusive authority remains with director
Whether animals were "seized" by the warrant vs. by ODA administrative transfer	Huntsman: Return is permissible because warrant authorized entry and they were seized during that process	ODA: Warrant authorized search only; the transfer/seizure authority derives from R.C. 935.20(A) and was exercised by the director	Court: Warrant authorized search only; the transfer occurred under director's exclusive statutory authority, so court cannot quash warrant to undo transfer
Remedy (writ of prohibition vs. alternative writ)	ODA: Needs peremptory writ because lack of jurisdiction is patent and unambiguous; otherwise irreparable harm	Forchione/Huntsman: Trial court has authority; emergency relief inappropriate	Court: Patent, unambiguous lack of jurisdiction established; peremptory writ granted; dissent would have issued alternative writ to develop more record

Key Cases Cited

State ex rel. Corn v. Russo, 90 Ohio St.3d 551 (2001) (standard for extraordinary writs)
State ex rel. Bell v. Pfeiffer, 131 Ohio St.3d 114 (2012) (elements required for prohibition)
State ex rel. Miller v. Warren Cty. Bd. of Elections, 130 Ohio St.3d 24 (2011) (prohibition standard and requirements)
Chesapeake Exploration, L.L.C. v. Oil & Gas Comm., 135 Ohio St.3d 204 (2013) (patent-and-unambiguous lack-of-jurisdiction doctrine)
State ex rel. Albright v. Delaware Cty. Court of Common Pleas, 60 Ohio St.3d 40 (1991) (agency-exclusive jurisdiction precedent)
State ex rel. Taft-O’Connor ’98 v. Franklin Cty. Court of Common Pleas, 83 Ohio St.3d 487 (1998) (agency-exclusive forum for certain statutory claims)
State ex rel. Wilkinson v. Reed, 99 Ohio St.3d 106 (2003) (exclusive administrative jurisdiction over particular claims)