ILNews

State to appeal ruling in fenced deer-hunting case

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The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.

The attorney general’s office filed notice with the Indiana Court of Appeals that it is appealing DNR, et al. v. Whitetail Bluff LLC, et al., 31C01-0508-PL-033. Plaintiffs Whitetail Bluff LLC and Rodney Bruce sought an injunction and declaratory judgment in 2005 prohibiting the Department of Natural Resources from regulating Whitetail Bluff’s guided deer-hunting business.

The deer on the 116-acre property in Harrison County were purchased by Whitetail Bluff and are unable to leave the property due to an eight-foot high fence. The company pays property taxes on the deer and they are subject to the Board of Animal Health. Deer hunters pay a fee to hunt on the property.

These types of enclosed hunting spaces were banned by the DNR in 2005, although some operations like Whitetail Bluff have filed lawsuits to stay open. An attempt to lift the ban failed in this year’s Indiana General Assembly.

Harrison Circuit Judge John Evans ruled that Whitetail Bluff is entitled to judgment as a matter of law because the animals are privately owned and not subject to regulation by DNR under state law.

“DNR’s actions seeking to regulate Whitetail Bluff’s guided hunting activities constitute an improper exercise by an executive agency of the authority of the Indiana legislature contrary to Indiana Constitution Article 3, Section 1,” Evans wrote in the Sept. 27 order.

AG spokesman Bryan Corbin said the attorney general’s office decided last week to appeal the ruling.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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