SMITH v. HANEY

No. 78-1551.

61 Ohio St. 2d 46 (1980)

SMITH ET AL., APPELLEES, v. HANEY, CHIEF, DIVISION OF WILDLIFE, OHIO DEPARTMENT OF NATURAL RESOURSES, APPELLANT.

Supreme Court of Ohio.

Decided January 9, 1980.


Attorney(s) appearing for the Case

Rhode, Kaufman, Egger & Reno Co., L.P.A., and Mr. Ronald G. Kaufman, for appellees.

Mr. William J. Brown, attorney general, and Mr. Stephen P. Samuels, for appellant.


Per Curiam.

The portion of the statutory licensing scheme at issue here, former Ohio Adm. Code 1501: 31-3-03 (B) provided, in pertinent part, that "[b]eginning in 1976 and thereafter, new commercial fishing applicants, except trotline applicants may, at the discretion of the chief, be granted a license provided they meet the specifications and requirements set forth in section 1533.342 of the Revised Code." Appellees contend, and the Court of Appeals agreed...

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