from the Franklin County Court of Common Pleas C.P.C. No.
Critchfield, Critchfield & Johnston, LTD, Eric T Michener
and Chad Yoder, for appellant.
Michael DeWine, Attorney General, James R. Patterson and
Lydia Arko Zigler, for appellee.
1} Timothy Bales is appealing from the destruction
of his herd of deer which allegedly was suffering from
chronic wasting disease ("CWD"). He assigns two
errors for our consideration:
I. The Franklin County Court of Common Pleas abused its
discretion when it held that ODAs destruction Order No.
2017-092 was supported by reliable, probative and substantial
II. The Franklin County Court of Common Pleas erred in
holding that Appellant's due process was not violated
when ODA issued and executed a destruction order of
Appellant's deer before a hearing was held and before
allowing Appellant to remedy any alleged risks his deer
2} Bales is the owner of Honey Run Farm in
Millersburg, Ohio. The farm had a herd of captive whitetail
deer when he bought the farm. The Ohio State Department of
Agriculture ("the Department") has the
responsibility for managing wild animals. The department
concluded that the deer on Honey Run Farm suffered from CWD
and sought to have them destroyed.
3} Apparently the deer were under quarantine when
Bales purchased them. At the time Bales purchased them he did
not have the required license for owning captive deer.
4} Bales purchased the farm and deer from a Dan
Yoder who owned multiple herds of deer. Yoder had a bad
history of managing the herds, or at least of keeping the
required records for such deer.
5} CWD can only be diagnosed post mortem. The deer
essentially can be diagnosed definitively as having the
disease only after they have been killed to determine if the
disease killed them. The disease must have ...