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Ohio Division of Wildlife v. Clifton

692 N.E.2d 253 (1997)

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Ohio Division of Wildlife v. Clifton

Circleville Municipal Court
692 N.E.2d 253 (1997)

SC

Facts

Mary Jane Clifton (defendant) took in an injured baby squirrel that had been separated from its mother. Clifton rehabilitated the squirrel and kept it as a pet. Clifton applied for a license from the Ohio Division of Wildlife (the division) (plaintiff). The division denied the license on the ground that the squirrel had been taken from the wild. The division pressed charges against Clifton for having the squirrel in captivity without a license. Clifton filed a motion to dismiss. When pressed at trial to provide its standards for determining whether to grant a license, the division referenced a state hunting law that required a hunter who trapped or otherwise took a lawfully hunted wild animal to immediately kill the animal.

Rule of Law

Issue

Holding and Reasoning (Adkins, J.)

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