In Re 730 Chickens

I respectfully dissent.

I agree with the majority opinion that the trial court did not comply with the notice requirements set forth in R.C. 2933.43. I further agree that absent statutory authorization, a court is not permitted to order the destruction of seized property. Clearly, the Revised Code contains no such language specifically authorizing the destruction of the property. Although I am in agreement that the proceeding below was flawed because the trial court did not comply with the applicable statutes, I am not persuaded that appellants possess the requisite standing to appeal the…