CITIZENS AGAINST RANGE EXPANSION v. IDFG

No. 39297.

289 P.3d 32 (2012)

CITIZENS AGAINST RANGE EXPANSION, an unincorporated non-profit association; Jeanne J. Hom, a single woman, Eugene and Kathleen Riley, husband and wife, Lambert and Denise Riley, husband and wife, Gabrielle Groth-Marnat, a single woman, Gerald Price, a single man, Ronald Eldridge and Dorothy Eldridge, husband and wife, Glenn and Lucy Chapin, husband and wife, Sheryl Puckett, a single woman, Charles and Cynthia Murray, husband and wife, Dave Vig a single man, Plaintiffs-Respondents, v. IDAHO FISH AND GAME DEPARTMENT, an agency of the State of Idaho, and Virgil Moore, Director of the Idaho Fish and Game Department, Defendants-Appellants.

Supreme Court of Idaho, Coeur d'Alene, September 2012 Term.

November 15, 2012.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General, Boise, for appellants. Kathleen E. Trever argued.

Scott W. Reed , Coeur d'Alene, and Harvey Richman , Athol, for respondents. Harvey Richman argued.


J. JONES, Justice.

The Idaho Department of Fish and Game (IDFG) appeals the district court's post-judgment orders (1) refusing to lift a portion of an injunction and (2) declaring the Idaho Outdoor Sport Shooting Range Act unconstitutional. We reverse both orders and remand the case for further proceedings.

I.

FACTUAL AND PROCEDURAL HISTORY

The Farragut Shooting Range, near Bayview, Idaho, has been owned and operated by IDFG since World...

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