State v. Couch
Oregon Court of Appeals
103 P.3d 671 (2004)
Clark Couch (defendant) owned a game farm in Oregon (plaintiff) where customers paid to hunt nonindigenous fallow deer, Axis deer, or Sika deer. The state charged Couch by information, alleging his activities violated multiple state regulations promulgated and enforced by the Oregon Fish and Wildlife Commission (the commission) related to the sale, hunting, and possession of wildlife. Couch filed a demurrer, arguing that the commission’s rules, as applied to the deer on his game farm, were ultra vires because the commission’s authority extended only to regulation of wildlife, and captive nonindigenous deer did not qualify pursuant to the commission’s enabling statutes. The trial court granted the demurrer, and the state appealed.
Rule of Law
Holding and Reasoning (Landau, J.)
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