STATE v. MCDANIEL

No. 85-1292.

23 Ohio St. 3d 35 (1986)

THE STATE OF OHIO, APPELLEE, v. MCDANIEL, APPELLANT.

Supreme Court of Ohio.

Decided March 26, 1986.


Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, and Edward J. Lynch, for appellee.

Lappen, Lilley, Kernen & Co., L.P.A., and Will Kernen, for appellant.


HOLMES, J.

The issue presented on appeal is whether the restrictions contained in Ohio Adm. Code 1501:31-15-11(H) and (I) are in conflict with the mandates of R.C. 1533.11. For the reasons set forth below, we hold that the regulation directly conflicts with the statute.

It is apparent that the General Assembly intended both owners and tenants of land to have equal treatment, and to hunt free of licenses or special permits on the land which they own or occupy...

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