Cawsey v. Brickey
Washington Supreme Court
144 P. 938 (1914)
- Written by Erin Enser, JD
Facts
A game preserve was formed in Washington pursuant to a 1913 state law. Within a game preserve, the taking of game animals, game fish, and game birds was prohibited. The game preserve included land leased by members of a gun club. Members of the gun club and the landowners from whom the gun club leased property (collectively, the hunters) (plaintiffs) filed suit against the county sheriff, prosecuting attorney, game warden, and certain members of the game commission (collectively, the state) (defendants) to enjoin the creation of the game preserve on their land. The hunters argued that the creation of the game preserve was an improper use of police power, which deprived the hunters of property rights and privileges without due process of law, was class legislation, and burdened certain persons or communities unequally. The injunction was denied, and the hunters appealed.
Rule of Law
Issue
Holding and Reasoning (Ellis, J.)
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