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Wednesday, March 29, 2006
Ind. Decisions - Fenced deer hunting: "Court says lawsuit must run course"
Although the DNR has now given "final approval to a rule that bans deer hunting in high-fenced operations," as reported by the Fort Wayne Journal Gazette as quoted in this March 22nd ILB entry, a court case continued, as reported in this March 16th ILB entry. Today Grace Schneider of the Louisville Courier Journal reports:
Harrison Circuit Judge H. Lloyd Whitis issued a temporary injunction that prevents the Indiana Department of Natural Resources from ordering Whitetail Bluff, a Corydon-area deer-hunting enterprise, to close down while a lawsuit over the matter runs its course. * * *Whitis observed that it's a "reasonable interpretation" that the animals [Rodney] Bruce buys for his property are not the property of the people of Indiana and therefore are not subject to regulation by the state.
Whitis ordered the DNR to stop enforcing an emergency temporary rule that would affect Bruce's ability to operate. He said the order wouldn't hurt the state financially, but if he didn't grant it, Bruce would suffer irreparable harm from lost bookings.
Whitis' ruling extends only to Bruce's business, not to other high-fence operations.
Bruce expects the case to continue for a year or longer. Meanwhile, he and other preserve operators expect to negotiate a settlement with the DNR.
Posted by Marcia Oddi on March 29, 2006 08:54 AM
Posted to Ind. Trial Ct. Decisions