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We Won !

H

Hotrod

Joined Jul 2009
139 Posts | 0+
In 1999 I wrote to the Indiana Department of Natural Resources and told them I wanted to high fence my property and start offering hunting opportunities. I told them I was writing to assure my business plan and Idea was legal in the State. The Department of Natural Resources and Division of Law Enforcement met and reviewed my proposal, they provided me "In Writing" a response informing me I was legal to build the facility and offer hunts. So I built a hunting preserve. Then in 2006 a new DNR director was appointed who did not like high fence hunting and he told me that he did not agree with the previous administrations views who gave me permission and he was shutting us down. In a self fulfilling move He passed administrative rules making it illegal to hunt deer behind high fence. Obviously I filed suit against them and received a temporary injunction to protect me until we had our day in court. We then went back to court and added all preserves in Indiana to the lawsuit so they would have the same protection. We currently are down to 4 preserves in Indiana.

On Monday the judge ruled in our case and we WON. Now anyone in Indiana can open a high fence hunting preserve. He Stated the actions of the DNR was an improper exercise by an executive agency and contrary to Indiana Constitution. If this industry does not start filing legitimate lawsuits all over we will be regulated out of business. This victory proves that Individuals and Small groups of people can win lawsuits and make a difference.



Don't wait on anyone or any organization to save "your" farm !!!! Do it yourself. Stay away from greedy lawyers, greedy lobbyist, greedy individuals or organizations that don't take actions for the interest of everyone. Our fight is not over but we sure have solid footing now to stand.
 
As much as I would like to jump up and down and rejoice, it is one step in the right direction but I would expect that the DNR will appeal this case. The lawsuit by IDEFA was lost last December in Owen county over the same issue. Now there are conflicting decisions. I would not rest or be satisfied until deer farming and preserves are under the department of ag, the right to have a preserve is in writing and out of the DNR's hands.
 
Hotrod said:
In 1999 I wrote to the Indiana Department of Natural Resources and told them I wanted to high fence my property and start offering hunting opportunities. I told them I was writing to assure my business plan and Idea was legal in the State. The Department of Natural Resources and Division of Law Enforcement met and reviewed my proposal, they provided me "In Writing" a response informing me I was legal to build the facility and offer hunts. So I built a hunting preserve. Then in 2006 a new DNR director was appointed who did not like high fence hunting and he told me that he did not agree with the previous administrations views who gave me permission and he was shutting us down. In a self fulfilling move He passed administrative rules making it illegal to hunt deer behind high fence. Obviously I filed suit against them and received a temporary injunction to protect me until we had our day in court. We then went back to court and added all preserves in Indiana to the lawsuit so they would have the same protection. We currently are down to 4 preserves in Indiana.

On Monday the judge ruled in our case and we WON. Now anyone in Indiana can open a high fence hunting preserve. He Stated the actions of the DNR was an improper exercise by an executive agency and contrary to Indiana Constitution. If this industry does not start filing legitimate lawsuits all over we will be regulated out of business. This victory proves that Individuals and Small groups of people can win lawsuits and make a difference.



Don't wait on anyone or any organization to save "your" farm !!!! Do it yourself. Stay away from greedy lawyers, greedy lobbyist, greedy individuals or organizations that don't take actions for the interest of everyone. Our fight is not over but we sure have solid footing now to stand.
Click to expand...



Thanks for staying the course. This may appear to be a small victory, but it's certainly the path that we must take to ensure all of our rights are protected!



Best to you!
 
Rodney

my question to you? ??why was there never a suite filed for damages

Against the DNR AND THE THE STATE OF INDIANA.and you say never wait on people or other associations are you saying no one helped pay ur countsel fees.

RICK MILLER
 
The previous case in Indiana was not filed on the same grounds and was VERY poorly tried and managed as the results showed. Without getting technical it has no bearing on this Ruling and does not represent conflicting findings on the fact that the DNR does not have jurisdiction over the animals on my preserve. As I said, the fight is not over totally but we are now in the drivers seat. I will share more later but for now just enjoy a win for the industry.
 
Hotrod said:
In 1999 I wrote to the Indiana Department of Natural Resources and told them I wanted to high fence my property and start offering hunting opportunities. I told them I was writing to assure my business plan and Idea was legal in the State. The Department of Natural Resources and Division of Law Enforcement met and reviewed my proposal, they provided me "In Writing" a response informing me I was legal to build the facility and offer hunts. So I built a hunting preserve. Then in 2006 a new DNR director was appointed who did not like high fence hunting and he told me that he did not agree with the previous administrations views who gave me permission and he was shutting us down. In a self fulfilling move He passed administrative rules making it illegal to hunt deer behind high fence. Obviously I filed suit against them and received a temporary injunction to protect me until we had our day in court. We then went back to court and added all preserves in Indiana to the lawsuit so they would have the same protection. We currently are down to 4 preserves in Indiana.

On Monday the judge ruled in our case and we WON. Now anyone in Indiana can open a high fence hunting preserve. He Stated the actions of the DNR was an improper exercise by an executive agency and contrary to Indiana Constitution. If this industry does not start filing legitimate lawsuits all over we will be regulated out of business. This victory proves that Individuals and Small groups of people can win lawsuits and make a difference.



Don't wait on anyone or any organization to save "your" farm !!!! Do it yourself. Stay away from greedy lawyers, greedy lobbyist, greedy individuals or organizations that don't take actions for the interest of everyone. Our fight is not over but we sure have solid footing now to stand.
Click to expand...



Congratulations! This is a major step in the right direction and I agree with your statement about not waiting for an organization to save your farm.



Some organizations are needed but those that just write a letter denouncing

government abuse and over-regulations don't really accomplish anything except just take your money.



Be prepared for the government to appeal the decision!
 
Rodney

You went around the questions.

And iam for sure happy the harrison county judge looked at it the way we do but man o man you have no right to discredit anything or say anything negitive about anything or anybody that has tryed to

Help fight this battle.

RICK MILLER
 
Rick, If you have fought as long as I have and dedicated as much as I have in the last 15 years you have EARNED the right to call things for what they are. I never dodge a question, there is a time and place for everything. We did not get where we are by being reckless. As posted earlier, I will share more later.
 
Rodney if I recall that in January of this year you was on the band wagon of trying to get the 4 preserves operating now be the only ones to ever operate? And Rick has a major point in the contributions handed out to help over the past years.
 
Clearview, In January when the only option was to save the current operators or shut the entire industry down the Indiana Deer farmers association, the Indiana Preserve Owners and NADEFA were all in agreement to take what we could and live to fight another day. You obviously have no idea who has financially financed the majority of this effort. The other lawsuit wasted and gave away more money in a matter of "months" than we have spent in "8" years.
 
Rodney

U in my book have the right to nothing there is several of us cervid farmers that have fought for the cervid industry for years for all or none.

So lets leave it at that before you dig up more worms than you can handle.

All iam saying is stop ur negitive thoughts of others in the industry cause there is plenty to say and i think it is best for meall to leave it alone for now.

It is time now to focuse on putting up fence.

RICK MILLER
 
On the reply of wasted it was in fact over a 3 years of prepairing and fighting in court.

and it should have been filed for damages for all the preserves and all the cervid farmers in the state of indiana and it should have been for millions of dollars for the damages.

But we all know IDEFA is 90% amish and they just did not have it in them to do a blood bath with the state and you have to respect that so at least IDEFA tryed with all they had and then changed gears to try legislativly IDEFA continuously kept the pressure on and will continue to do so.the impact study was such a big credit to all of this there has been so many people that have put so much time and effort in this battle.

Thank all of you for such a task.

RICK MILLER
 
Hotrod,

This is the divisiveness that rips this industry apart. When your 4 preserve bill was introduced there were 4 members on the board that were blindsided by the bill, while the other board members were in on it from the beginning. (I have the proof from Ublehors office from the drafting of the bill) They knew that there were those of us (including Rick) that would not be in acceptance of only 4 preserves being allowed to operate while the others that were shut down were not allowed to reopen. I asked repeatedly where this bill came from and was LIED to repeatedly that they did not know. While being a board member, my interest was for what was in the best interest of 350 deer farmers not a handful of people. And yes the verdict in this case is great and much better than what would have been with only 4 preserves.



Jerrilee
 
Last thoughts, Since 1999 there has been "new" people come into the industry, put up some fence, buy some deer and become an "expert" on this industry and how to save it overnight. In a couple years when they didnt get rich or get their way they quit, this has happened over and over and over. It has been really distracting for those of us who have fought this from day one. The legislators (the ones on our side) have more than once threatened to walk away from us if we could not control these wild cards from stirring the pot who really dont know what is going on and whats needed to be done to save the entire industry. We have had the right attorney, the right legislators and the right people in general helping us WIN this thing for the long haul for everyone. The only thing for sure is we will have future battles, future wildcards and a group of individuals who are methodically keeping this thing alive. There may become a day when damage lawsuits are brought to the table, but the primary goal was to save the industry and we did just that. Who knows what the DNR or Legislature may do in the coming months. They may introduce legislation to shut the industry down, if they do we will depend on the knowledge and relationships we have built over the last 15 years to help combat it. If anyone wants to join this fight who has genuine concern for the industry and works with the team we welcome them with open arms. Gotta get things ready for hunters now.
 
Quit fighting already!........obviously a lot of us don't know all that has gone on in your State.......but whether you are a new or old deer farmer does not matter......Your all in this together!!! Take the victory and run with it!!
 
Dennis,

yes this is a victory but I think far from over. The last gov was vehemently against us and who knows what kind of feelings he has left behind in this administration. I don't think anyone should pound their chest until we have something concrete that would give old and new preserve operators some breathing room. This decision gives breathing room for operating preserves for now. Nobody in their right mind would spend the money it takes to open a new preserve in Indiana unless they already have the land. There are A LOT of people in this state exiting the deer farming business. New people that want to help fight for this industry should be welcomed in this industry because obviously there are those that don't want to fight and are bowing out. Strength is in numbers and those numbers sadly are getting smaller.



todays article that will appear in the Indy star, you tell me if it is over.



http://www.courier-journal.com/arti...ped-attempt-shut-down-high-fence-deer-hunting
 
jerrilee cave said:
Dennis,

yes this is a victory but I think far from over. The last gov was vehemently against us and who knows what kind of feelings he has left behind in this administration. I don't think anyone should pound their chest until we have something concrete that would give old and new preserve operators some breathing room. This decision gives breathing room for operating preserves for now. Nobody in their right mind would spend the money it takes to open a new preserve in Indiana unless they already have the land. There are A LOT of people in this state exiting the deer farming business. New people that want to help fight for this industry should be welcomed in this industry because obviously there are those that don't want to fight and are bowing out. Strength is in numbers and those numbers sadly are getting smaller.



todays article that will appear in the Indy star, you tell me if it is over.



http://www.courier-journal.com/arti...ped-attempt-shut-down-high-fence-deer-hunting
Click to expand...



Jerrilee,



There will never be anything in concrete as laws and regulations will always be subject to change. Enjoy the win and be prepared to fight again if government tries to abuse the industry.
 

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