State v. Couch
Oregon Supreme Court
147 P.3d 322 (2006)
- Written by Erin Enser, JD
Facts
The state of Oregon (plaintiff) charged Clark Couch (defendant) with multiple misdemeanors related to Couch’s operation of a game farm where customers paid to hunt captive nonindigenous deer. Couch filed a demurrer, arguing that captive nonindigenous deer were not wildlife and, as a result, were not subject to regulation by the Oregon Fish and Wildlife Commission (the commission). The trial court granted a demurrer, which was reversed by the court of appeals. The court of appeals, citing common law and historical caselaw, defined wildlife as “animals ferae naturae that have not been subject to lawful capture.” The state filed a petition with the Oregon Supreme Court seeking clarity on the commission’s authority.
Rule of Law
Issue
Holding and Reasoning (De Muniz, C.J.)
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