[DOWNLOAD] "In Re One Black-Tailed Doe Deer Named "Snowball"" by South Carolina Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: In Re One Black-Tailed Doe Deer Named "Snowball"
- Author : South Carolina Supreme Court
- Release Date : January 26, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Defendant, Oregon Department of Fish and Wildlife (ODFW), appeals from a trial court order directing ODFW to return to plaintiffs, James Filipetti and Francesca Mantei, one black-tailed doe named "Snowball" (the doe). After the doe had been seized from plaintiffs property pursuant to a search warrant, plaintiffs sought to recover the doe by filing a motion under ORS 133.633 for "return or restoration of things seized." The trial court granted that motion, and, on appeal, ODFW contends that the court erred because plaintiffs failed to establish a "valid claim to rightful possession" of the doe pursuant to ORS 133.643(4). In particular, ODFW argues that (1) under ORS 133.643(4), a person can recover an item seized only if the person can lawfully possess that item; and (2) because plaintiffs did not (and do not) have a license or permit to hold wildlife, as required under OAR 635-049-0070, they cannot lawfully possess the doe. For the reasons that follow, we agree with ODFW. Consequently, we reverse.
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