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SIMPSON v. DEPT. OF FISH AND WILDLIFE

A141561.

255 P.3d 565 (2011)

242 Or. App. 287

Steve SIMPSON, Kathy Simpson, Sheldon Kirk, Carol Kirk, Mike Kilpatrick, Cindy Kilpatrick, William Mccamman, Mary Mccamman, Alan Ross, Brenda Ross, Lonnie Woosley, Louise Woosley, Steve Pederson, Clay Woodward, Kim Woodward, and Clark Couch, Petitioners, and Donald Kelly and Marina Kelly, Petitioners below, v. DEPARTMENT OF FISH AND WILDLIFE, Respondent.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Geordie Duckler , Portland, argued the cause and filed the briefs for petitioners.

Stephanie Striffler , Salem, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals.

Sarah Uhlemann filed the brief amicus curiae for The Humane Society of the United States.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

ORS 498.002(1) provides, in part, that "[w]ildlife is the property of the state." Petitioners own game ranches in Oregon. Most of their animals are defined by administrative rule as "wildlife."1 Petitioners sought a declaratory ruling from the Department of Fish and Wildlife (ODFW) as to whether their animals are the "property of the state" under ORS 498.002(1). ODFW ruled that the state does not own or have any proprietary...

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