Club members Kim Seitz, Gary Tinnell, Jennifer Woodard, James Tinnell, Vernon Schmidt and Sharon Schmidt said they had permission to remove the birds.
Ratcliff claimed that while he gave permission for three birds to be removed for medical attention by Daniel Brauer, DVM of Dayton South Veterinary Clinic, others were taken without his consent.
The suit claimed the defendants converted Ratcliff’s property, the birds, for their own use, without compensation and caused him to suffer mental anguish and emotional distress. Woodard earlier was dismissed from the suit.
Judge Christopher Gee of Miami County Common Pleas Court issued a summary judgment in favor of the bird club members. They claimed the Ohio Revised Code permitted removing the birds.
The judge agreed, noting removal was permitted to protect the birds. An assessment by Tinnell, an experienced veterinary technician, and the veterinarian Brauer of 14 birds taken from Ratcliff’s property showed they needed emergency veterinary care, justifying the removal, Gee ruled.
Bird club members were advised by their lawyer not to talk about the decision at this time.
The Miami County suit was combined last year with one filed in Montgomery County by Brauer against Ratcliff. Brauer claims he is the owner of a number of exotic birds that Ratcliff claims are owned by him.
That portion of the combined lawsuits is pending. Gee said legal questions remain to be answered in that action.
A Miami County grand jury last year declined to return any criminal indictments in the removal of the birds after hearing claims of theft.
Ratcliff later turned over additional birds to a bird sanctuary as part of an agreement with local officials including the county humane officer.
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