Mendocino County resident Richard McLellan has filed a writ of mandate against Mendocino County, accusing Mendocino County Department of Animal Care and Control of euthanizing animals in violation of state law.

The case revolves around a county ordinance passed in 2000 which says that an animal that is voluntarily surrendered to animal control for euthanasia does not need to be held the minimum of six-days mandated by state law.

"The County of Mendocino is currently illegally euthanizing owner relinquished animals before the expiration of the required holding period as required under state law," according to the writ.

"Local legislations in conflict with general law is void," according to the writ.

Mendocino County Counsel Jeanine Nadel said the ordinance allows owners to surrender animals to animal control to be euthanized and does contradict state law.

"It is my understanding that section has not been in use for quite some time," Nadel said.

McLellan is asking the court to enjoin the county from euthanizing animals before the state-mandated waiting period expires, declare the county ordinance void and order the county and animal control to comply with all state laws.

He is also seeking compensation for his legal fees as well as any other relief the court feels is justified, according to the writ.

Nadel said she is currently working on an amendment to the county ordinance that would remove the portion that allows the waiting period to be waved.

"I hope to have an amended proposal to the board in a couple of weeks that would render the case moot," she said.

Ben Brown can be reached at udjbb@pacific.net