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HARTLEY HILL HUNT CLUB v. RITCHIE COUNTY

No. 33176.

647 S.E.2d 818 (2007)

HARTLEY HILL HUNT CLUB, Nolan Aleshire, Isaac Staats, Jack Summers, and the American Civil Liberties Union of West Virginia Plaintiffs below, Appellants v. The COUNTY COMMISSION OF RITCHIE COUNTY, Defendant below, Appellee and West Virginia Farm Bureau, Inc., Fayette County Farm Bureau, Gilmer County Farm Bureau, Mercer County Farm Bureau, Nicholas County Farm Bureau, Preston County Farm Bureau, Ritchie County Farm Bureau, Summers County Farm Bureau, Wood County Farm Bureau, John L. Kessler, Walter Ashby, Arnold Smith, Chris Nash, Paul Canterbury, Thomas Keener, Hicle Rexrode, Philip L. Gregg, Danny Montgomery, Arden Hodge, Lynwood Ireland, Carl Amick, Jack H. Lester, Gary E. Oates, and David H. Lawson, Intervening defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 11, 2007.

Attorney(s) appearing for the Case

Jason Huber, Forman & Huber, L.C., Charleston, for the Appellants.

Steven A. Jones, Prosecuting Attorney, Harrisville, for the Ritchie County Commission.

Joseph S. Beeson, David L. Yaussy, Robinson & McElwee, PLLC, Charleston, for the Intervening Appellees.

STARCHER, J.:

In this appeal from the Circuit Court of Ritchie County, we are asked to examine the constitutionality of a statute that prohibits Sunday hunting in certain circumstances. The circuit judge entered a declaratory judgment finding that the statute, W.Va.Code, 20-2-5(28) [2001], was constitutional.

After careful review of the briefs of the parties, the record created in the court below, and the arguments of the attorneys,

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