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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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