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Re: Are my beans green enough to hunt over yet?
[Re: poorcountrypreacher]
#363265
07/07/12 07:45 AM
07/07/12 07:45 AM
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Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er
OP
Booner
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OP
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
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Like I said before, if I choose to become a criminal in order to challenge the buck limit/antler restriction, I'm going to name you as a co-conspirator for publicly encouraging me to do it.  Suing for trespass and nuisance doesn't require becoming a criminal. Running the DCNR hoodlums down on aldeer ain't a crime either. Help me get matters related to hunting seasons and bag limits included in the AAPA once more so I can challenge them in court without committing a crime. In the mean time, I'm still considering what my options are. I'm researching actions to forbid enforcement of an unconstiutional rule. I haven't talked to an attorney about it yet, but I am considering it. I think the local dog hunting bans present a solid case. The buck limit/antler restriction would probably be tough, but I do think it's winnable if one has the resources to fight it all the way up to the level of the courts where constitutional issues really matter. Without professing to cover every situation that has arisen, there are four general categories of actions that we have held do not come within the prohibition of Sec. 14. (1) Actions brought to compel State officials to perform their legal duties. Department of Industrial Relations v. West Boylston Manufacturing Co., 253 Ala. 67, 42 So.2d 787; Metcalf v. Department of Industrial Relations, 245 Ala. 299, 16 So.2d 787. (2) Actions brought to enjoin State officials from enforcing an unconstitutional law. Glass v. Prudential Insurance Co. of America, 246 Ala. 579, 22 So.2d 13; Southall v. Stricos Corp., supra. (3) Actions to compel State officials to perform ministerial acts. Curry v. Woodstock Slag Corp., 242 Ala. 379, 6 So.2d 479, and cases there cited. (4) Actions brought under the Declaratory Judgments Act, Tit. 7, § 156 et seq., Code 1940, seeking construction of a statute and how it should be applied in a given situation. Curry v. Woodstock Slag Corp., supra, and cases there cited. (emphasis added) Aland v. Graham, 250 So. 2d 677 - Ala: Supreme Court 1971 Number (2) above caught my attention. Maybe I won't have to go to jail in order to get the job done. 
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