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McCARTY v. TEX. PARKS & WILDLIFE DEPT.

No. 03-95-00445-CV.

919 S.W.2d 853 (1996)

Lewis H. McCARTY, Appellant, v. TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellee.

Court of Appeals of Texas, at Austin.

April 3, 1996.

Attorney(s) appearing for the Case

William T. Johnson, Beaumont, for appellant.

Dan Morales, Attorney General, Amanda Atkinson, Assistant Attorney General, Natural Resources Division, Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

BACKGROUND

Appellant Lewis H. McCarty brought a declaratory judgment suit against the Texas Parks and Wildlife Department (the "Department"), contesting the validity of its rule prohibiting the use of dogs to hunt deer. Appellant resides in East Texas and regularly hunts deer. He prefers to hunt using dogs. After holding numerous hearings, some of which appellant attended, the Department adopted a rule prohibiting the use of dogs to hunt...

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