ROCKY MT. ANIMAL DEFENSE v. COLO. DIV. OF WILDLIFE

No. 02CA0503.

100 P.3d 508 (2004)

ROCKY MOUNTAIN ANIMAL DEFENSE, Plaintiff-Appellant and Cross-Appellee, v. COLORADO DIVISION OF WILDLIFE; Russell George, in his official capacity as Director of the Colorado Division of Wildlife; Colorado Department of Natural Resources; Greg Walcher, acting in his official capacity as Executive Director of Colorado Department of Natural Resources; Colorado Wildlife Commission; Bernard L. Black, Jr., Mark Levalley, Tom Burke, Olive Valdez, Phil James, Rick Enstrom, Marianna Raftopoulos, and Robert Shoemaker, in their official capacities as members of the Wildlife Commission; Colorado Department of Agriculture; Don Ament, in his official capacity as Commissioner of the Department of Agriculture; Ken Salazar, in his official capacity as Attorney General; and Bill Owens, in his official capacity as Governor, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

Certiorari Denied November 15, 2004.


Attorney(s) appearing for the Case

Haddon, Morgan, Mueller, Jordan, Mackey & Foremon, P.C., Ty Gee, Denver, Colorado; Jennifer L. Melton, Kim, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Ken Salazar, Attorney General, Timothy J. Monahan, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees and Cross-Appellants Colorado Division of Wildlife, Russell George, Colorado Department of Natural Resources, Greg Walcher, Colorado Wildlife Commission, Bernard L. Black, Jr., Mark Levalley, Tom Burke, Olive Valdez, Phil James, Rick Enstrom, Marianna Raftopoulos, Robert Shoemaker, Ken Salazar, and Bill Owens.

Ken Salazar, Attorney General, David Joeris, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees and Cross-Appellants Colorado Department of Agriculture and Don Ament.


Opinion by Judge WEBB.

This action seeks a declaratory judgment, an injunction, and mandamus relief concerning article XVIII, § 12b (Amendment 14) of the Colorado Constitution, which prohibits trapping and poisoning of wildlife subject to limited exceptions.

Plaintiff, Rocky Mountain Animal Defense, appeals the judgment entered after a bench trial refusing injunctive or mandamus relief and declaring that the amendment does not prohibit poisoning of nontargeted...

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