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[ATG] AG: State files legal brief seeking clarity in high-fenced deer hunting lawsuit
Start Date: 5/29/2014Start Time: 12:00 AM
End Date: 5/29/2014
Entry Description

INDIANAPOLIS – Seeking clarity from the courts, the Indiana Attorney General’s Office on Wednesday filed a legal brief in an appeal of a lawsuit over who may regulate deer in high-fenced hunting enclosures.

As state government’s lawyer, the Attorney General’s Office represents the Indiana Department of Natural Resources in the appeal DNR et al. v. Whitetail Bluff LLC et al., filed in the Indiana Court of Appeals.  The brief asks the appeals court reviewing a Harrison County trial court’s decision to find that the regulatory authority of the DNR applies both to publicly owned and privately owned wild animals, and find that the DNR can regulate a high-fenced hunting operation.

“Without a clear statute and with conflicting court rulings, additional clarity is needed from the appellate courts,” Indiana Attorney General Greg Zoeller said.

The State’s brief asks the Indiana Court of Appeals to reverse the Harrison County Circuit Court’s summary judgment ruling of September 27, 2013, and underscore that the DNR has legal authority to regulate the hunting of deer in privately owned high-fenced facilities.  Two separate trial court rulings – one in Owen County and the other in Harrison County – contradict each other and the State seeks a consistent appellate opinion applicable statewide.

The plaintiffs Whitetail Bluff LLC will have the opportunity to respond, and the Court of Appeals will determine whether to hear oral argument in the case and will rule at some later date.

NOTE:  The State’s appellant brief in DNR et al. v. Whitetail Bluff LLC et al., filed Wednesday in the Indiana Court of Appeals, is attached, in three parts.

-30-

Location Information:
Harrison County

Owen County

State House
IN
Marion
Contact Information:
Name: Bryan Corbin
Phone: 317.233.3970
Email: Bryan.Corbin@atg.in.gov
Default
Attachments For This Entry:
    > 5.28.14 Appellant Brief DNR v. Whitetail Bluff - Part 1
    > 5.28.14 Appellant Brief DNR v. Whitetail Bluff - Part 2
    > 5.28.14 Appellant Brief DNR v. Whitetail Bluff - Part 3
Entry Type:
Press Release
Entry Category:
  • Announcements
  • IN.gov Category:
  • Government
  • Agency Name
    Attorney General

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