Minnesota appealing N.D. hunting lawsuit dismissal

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Minnesota appealing N.D. hunting lawsuit dismissal

Postby Trois_beaux_canards » Sun Jul 17, 2005 11:42 am

Minnesota appealing N.D. hunting lawsuit dismissal
Dale Wetzel, Associated Press
July 13, 2005 HUNT0713


BISMARCK, N.D. -- Minnesota is appealing a judge's dismissal of a lawsuit against some North Dakota hunting regulations, and Attorney General Wayne Stenehjem hopes a ruling in another case will help sink its chances.

"I hope that Minnesota will look at whether they want to waste any further valuable resources on pursuing an appeal that is doomed,'' Stenehjem said Tuesday.

Last month, U.S. District Judge Daniel Hovland dismissed the lawsuit, which was filed by Attorney General Mike Hatch, Rep. Collin Peterson, D-Minn., and two Minnesotans who are former North Dakota residents, Starkey Grove and Charles Orvik.

Hatch argued that some North Dakota rules, which restrict when and where out-of-state hunters may go after some types of game, are unconstitutional restrictions on business between states.

Hovland concluded that Minnesota hunters come to North Dakota in "pursuit of a purely recreational activity,'' and are not engaged in interstate commerce. Michael Vanselow, a Minnesota deputy attorney general, and Harry Sieben Jr., a lawyer for Peterson, Grove and Orvik, filed the appeal last week.

Separately, the 10th U.S. Circuit Court of Appeals on Monday used a newly approved federal law to dismiss similar claims that Wyoming laws favoring resident hunters were unconstitutional restrictions on cross-border business.

The law, approved by Congress in May, says states may set their own hunting and fishing rules, and that hunting is not interstate commerce.

Leslie Sandberg, a spokeswoman for Hatch, said she did not believe the Monday appeals ruling would affect Minnesota's chances. Hovland, in his decision, did not use the federal law in drawing his own conclusions, she said.

Both North Dakota and Minnesota are part of the 8th Circuit, a separate federal appeals court territory. However, the new ruling could influence the 8th Circuit, Stenehjem believes.

"The 10th Circuit ruling, which is well reasoned, together with the congressional enactment, just make it pointless for Minnesota to proceed any further ... These two things just harpoon (Minnesota's) whole appeal,'' Stenehjem said Tuesday.
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Trois_beaux_canards
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Postby recker » Sat Jul 23, 2005 4:03 am

not very shocking it was my worst year ever and i am 33 been hunting since i was 13 in minnestoa. I think I shot more then half of my ducks in south dakota in two weekends. Even though this year was bad i have been noticining it going downhill since about 1997. Once big reason as least where i go and usually hunt in western minn is the pressure. Back in like 1997 or 1998 I could go during the week before I got my new job. Usually all I had to do was kick the ducks out put out a dozen mallards and sit back. I know the sloughs are degrading but these sloughs were nice ones and still are. I could always count on one really last good hunt when the weather was kicking in. Usually mallards everywhere for a few days. Last year and the one before I took off and hit it perfect. Hardly a duck to be seen anywhere.But plenty of hunters during the week on my old secret spots my seven years ago. The internet has helped but also has clearly hurt those of us who like are nice little spots to ourselves. That was always why i hunted smaller little wpa's verses the popular areas like marsh lake. I would rather never kill a duck then have to comptet with five guys to call one in. To me that is not hunting.
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Postby DeerScarer » Mon Jul 25, 2005 3:58 pm

recker wrote:...That was always why i hunted smaller little wpa's verses the popular areas like marsh lake. I would rather never kill a duck then have to comptet with five guys to call one in. To me that is not hunting.

:salude: you-an-me will get along jus' fine.


Oh, I shake my head sometimes: My brother-in-law sent me a historical map a couple years back that showed Minnesota in 1860. Seems the western boundary used to be the Missouri River. Whose brilliant idea was it to give that up?

Bye-the-way somebody hit me with a :welcome: I'm new to this forum. :mrgreen:
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Postby Trois_beaux_canards » Mon Jul 25, 2005 4:14 pm

welcome to DHC DeerScarer. I hope you'll check out the rest of the site, and more importantly the MN threads.
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