ILNews

State to appeal ruling in fenced deer-hunting case

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

ADVERTISEMENT