Game & Fresh Water Fish Commission v. Lake Islands, Ltd.

407 So. 2d 189 (1981)

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Game & Fresh Water Fish Commission v. Lake Islands, Ltd.

Florida Supreme Court
407 So. 2d 189 (1981)

SC

Facts

The Florida Game & Fresh Water Fish Commission (the commission) (defendant) passed a rule prohibiting motorboats, including airboats, on Lake Iamonia during duck-hunting season. The lake was navigable but very shallow at some points, rendering airboats the only means of traverse. Lake Islands, Limited (plaintiff) owned various islands on the lake. Lake Islands challenged the commission’s rule, arguing that the rule prevented island owners from ingress and egress to their property during duck-hunting season. The trial court held that the rule was not facially unconstitutionally but was unconstitutional as applied to Lake Islands. The commission appealed.

Rule of Law

Issue

Holding and Reasoning (Overton, J.)

Dissent (Sundberg, C.J.)

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