STATE v. COUCH

(CC MI010414; CA A119570; SC S52288).

147 P.3d 322 (2006)

341 Or. 610

STATE of Oregon, Petitioner on Review, v. Clark Zane COUCH, Respondent on Review.

Supreme Court of Oregon.

Decided November 9, 2006.


Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Foster A. Glass, Bend, argued the cause for respondent on review. With him on the briefs was Mark L. Pollot.

Sarah Uhlemann, Rebecca G. Judd, and Jonathan Lovvorn, Washington D.C., filed a brief on behalf of amicus curiae The Humane Society of the United States.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER and KISTLER, Justices.


DE MUNIZ, C.J.

In this case, the issues before the court are (1) whether nonindigenous, exotic deer, held in private ownership, can be considered "wildlife" as that term is defined in Oregon's fish and game statutes; and (2) if not, whether the Oregon Fish and Wildlife Commission (commission) nevertheless possesses the authority to regulate such animals.

The trial court sustained defendant's demurrer to the district attorney's information that charged defendant...

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