See Tom it wasn`t the evil Democrats that supported I143,,,,,,,,,,,,,,,
Montana Wildlife Federation joins state in game farm suit
By JENNY JOHNSON Staff Reporter
The Montana Wildlife Federation and other sports groups requested to join the state in its defense of a lawsuit alleging the state's enforcement of two-year-old game farm restrictions violates the rights of game farm owners and constitutes an illegal taking without just compensation.
Len and Pamela Wallace of Darby and two elk farm owners in Blaine County are suing for more than $22 million in damages resulting in the enforcement of Initiative 143, which banned for-fee game hunts, new game licenses and the transfer of existing licenses. The Montana Wildlife Federation and Sportsmen for I-143 Tuesday filed a request in Blaine County District Court in Chinook to partner with the state in defending the law's enforcement.
"We want to come in as co-defendants," said Craig Sharpe, executive director of Montana Wildlife Federation. "We feel we have a legally protected interest in I-143 and the other statutes because we were involved in the initiative. We also want to defend all claims or rules against those laws."
While the state is a political defendant in the suit, grassroots organizations such as Sportsmen for I-143 will provide other information to the legal argument against the suit, Sharpe said.
"We offer something different than the state does as far as defense," he said. "Sportsmen have a significant interest in the enforcement of I-143 - in the protection of public wildlife."
Voters in November 2000 approved game farm restrictions in Montana. The Wallaces, who own Big Velvet Game Farm on Rye Creek and owners of Circle Eagle Game Farm in Chinook, Bruce and Shirley Buhmann, argue that I-143 and the state's enforcement of the law both took and damaged the game farmers' private property rights, without compensation, "by specifically taking the only viable source of profitability."
The lawsuit claims an unconstitutional "takings" by the state for discrimination against game farms that raise elk and deer and charge money for shooting them. Asking for $22,758,000, the suit calls for damages of lost profit, lost investment, lost good will and other interest and attorney fees and costs.
The 16-page civil suit filled last month names as defendants the state of Montana, Attorney General Mike McGrath and Montana Fish Wildlife and Parks Director Jeff Hagener. Sportsmen for I-143 and the Montana Wildlife Federation will join that list if and when District Judge John McKeon approves the request.
Filed by Bozeman attorney Arthur Wittich on behalf of the Wallaces and the Buhmanns, the court papers say the U.S. Constitution prohibits the government from taking private property for public purposes without just compensation and that the Montana Constitution prohibits the taking and damaging of property without just compensation.
Among numerous other legal arguments put forth, the suit contends that by banning transfer of the game farm licenses and their value as a result of the owners' investments, the state has taken the game farmers' property rights and licenses and the profitable use of the land and increased value of the land as a result of the licenses.
The Wallaces started Big Velvet Ranch up Rye Creek Road in 1992, when they bought the 3,800 acres out of bankruptcy. They went on to own the nation's largest managed private elk ranch and, from 1997 to 1999, harvested on average more than 100 mature bulls yearly and earned gross revenues of more than $1 million per year, according to court documents.
The suit is the second such case filed by game farmers against the state of Montana that involves takings allegations.
Sharpe said that the takings lawsuit by game farmers is an unwarranted waste of state and sportsmen's time and money. He disagrees that it is a takings issue because game farms can still operate a valid business selling meat, velvet antlers, selling animals to other game farms in other states or breed stock.
Montana Wildlife Federation joins state in game farm suit
By JENNY JOHNSON Staff Reporter
The Montana Wildlife Federation and other sports groups requested to join the state in its defense of a lawsuit alleging the state's enforcement of two-year-old game farm restrictions violates the rights of game farm owners and constitutes an illegal taking without just compensation.
Len and Pamela Wallace of Darby and two elk farm owners in Blaine County are suing for more than $22 million in damages resulting in the enforcement of Initiative 143, which banned for-fee game hunts, new game licenses and the transfer of existing licenses. The Montana Wildlife Federation and Sportsmen for I-143 Tuesday filed a request in Blaine County District Court in Chinook to partner with the state in defending the law's enforcement.
"We want to come in as co-defendants," said Craig Sharpe, executive director of Montana Wildlife Federation. "We feel we have a legally protected interest in I-143 and the other statutes because we were involved in the initiative. We also want to defend all claims or rules against those laws."
While the state is a political defendant in the suit, grassroots organizations such as Sportsmen for I-143 will provide other information to the legal argument against the suit, Sharpe said.
"We offer something different than the state does as far as defense," he said. "Sportsmen have a significant interest in the enforcement of I-143 - in the protection of public wildlife."
Voters in November 2000 approved game farm restrictions in Montana. The Wallaces, who own Big Velvet Game Farm on Rye Creek and owners of Circle Eagle Game Farm in Chinook, Bruce and Shirley Buhmann, argue that I-143 and the state's enforcement of the law both took and damaged the game farmers' private property rights, without compensation, "by specifically taking the only viable source of profitability."
The lawsuit claims an unconstitutional "takings" by the state for discrimination against game farms that raise elk and deer and charge money for shooting them. Asking for $22,758,000, the suit calls for damages of lost profit, lost investment, lost good will and other interest and attorney fees and costs.
The 16-page civil suit filled last month names as defendants the state of Montana, Attorney General Mike McGrath and Montana Fish Wildlife and Parks Director Jeff Hagener. Sportsmen for I-143 and the Montana Wildlife Federation will join that list if and when District Judge John McKeon approves the request.
Filed by Bozeman attorney Arthur Wittich on behalf of the Wallaces and the Buhmanns, the court papers say the U.S. Constitution prohibits the government from taking private property for public purposes without just compensation and that the Montana Constitution prohibits the taking and damaging of property without just compensation.
Among numerous other legal arguments put forth, the suit contends that by banning transfer of the game farm licenses and their value as a result of the owners' investments, the state has taken the game farmers' property rights and licenses and the profitable use of the land and increased value of the land as a result of the licenses.
The Wallaces started Big Velvet Ranch up Rye Creek Road in 1992, when they bought the 3,800 acres out of bankruptcy. They went on to own the nation's largest managed private elk ranch and, from 1997 to 1999, harvested on average more than 100 mature bulls yearly and earned gross revenues of more than $1 million per year, according to court documents.
The suit is the second such case filed by game farmers against the state of Montana that involves takings allegations.
Sharpe said that the takings lawsuit by game farmers is an unwarranted waste of state and sportsmen's time and money. He disagrees that it is a takings issue because game farms can still operate a valid business selling meat, velvet antlers, selling animals to other game farms in other states or breed stock.