So what happened to the Minnesota NR Law suit?

[trappincoyotes39]

Anyone hear what happened in the MN NR trapping law suit? Any answer from the judge yet?

[FWS]

The judge sided with the MN DNR and ruled that trapping was a recreational activity.

Probably 6 weeks ago.

[trappincoyotes39]

Funny the faction that started such made little to no comment on it At least not one I heard, came in like a lion went out like a lamb. Do you know where the ruling is online to look at by chance?

[FWS]

Do you know where the ruling is online to look at by chance?

Case No. 62-CV-12-6319

Judgment (Judicial Officer: Ostby, Elena L.)
Party(
)
Per Order on Dfds' Motions to Dismiss on Cross-Motions for Partial Summary Judgment and on Defendants' Motion for Partial Summary Judgment, Judge Elena L. Ostby 11/13/13; State of Minnesota's Motion to drop the State of MN as a party is granted; State of MN is dismiss and all claims against it are dismissed with prejudice; dfd's motion to drop Pln Sawatzky as a party is denied; dfds' motion to dismiss pln Sawatzky's privileges and immunities challenge is granting and that claims is dismissed with prejudice; memorandum is incorporated.
04/04/2014
Dismissal with prejudice (Judicial Officer: Ostby, Elena L.)
Party(
)
Per Findings of Fact, Conclusions of Law, Order for Judgment and Judgment Following Court Trial and Amended Findings of Fact, Conclusions of Law, Order for Judgment and Judgment Following Court Trial, Judge Elena Ostby 3/3/14; judgment in favor of dfds; case is dismissed with prejudice, Memorandum incorporated.

[trappincoyotes39]

thanks I get a server error trying to bring up the case number.

[musher]

I'm guessing that someone has to pay court costs since they lost?

[FWS]

thanks I get a server error

Remember to look above and type in the security code given.

I posted the relevant info, 'Dismissal with prejudice'.

[trappincoyotes39]

Glad as this would have opened up a large can of worms across the nation. The only winner was their attorney

[trappincoyotes39]

It seems the faction now want to blame the BMP trappers surveys for loosing their case in this lawsuit good grief .

here is the 2007 survey what in it was used to make this case swing?

Then many states do trappers surveys to get more information on trappers needs and wants and information used in a positive way not just AFWA. Again good grief looking to place blame I guess?

digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1047&context=icwdmother

[Gerald Schmitt]

My personal opinion is that the ruling went the wrong way. It may still be appealed to a higher court.

It is to the plantiffs (Tim Sawatzky and Phil Brown) credit and the folks who supported this, that it went this far, the state's initial motion for the case was denied and a trial was held.

Gerald Schmitt

[trappincoyotes39]

Gerald we are all entitled to our opinions and with that I will state with a ruling for the plaintiffs this would have open up more issues for people than just decided can we trap here or there. If they choose to pursue to higher court so be it, the cost I would imagine be mighty steep to do so. I still feel it best to make a change of this manner with inside the people of the state. meaning a rule change without the need to classify such as commercial .

[blackhammer]

Apr 20, 2014 18:16:15 GMT -6 trappincoyotes39 said:

Glad as this would have opened up a large can of worms across the nation. The only winner was their attorney

Pretty funny stuff alright. Trappers were the loser. Although the political leanings here would think otherwise.

[trappnman]

I had mixed feelings-

I do feel that there was a possible downside to winning the suit- I don't really know if I'd want trapping to be labeled commercial- it opens up multiple concerns.

Was it worth the risk, to have the possible outcome of winning the suit, to have the state be forced to allow NR trapping? and that any concerns about being labeled commercial would be unfounded?

I don't know-

I do think the route that would sway the MTA, and force its members to do the right thing in overwhelmingly supporting NR trappers by the NTA and the FTA to boycott the state for conventions, and to have dealers and out of state trappers that feel strongly about this boycott the convention as well

but that hasn't and will never happen

so all in all, I think it was worth the risk- but its over and done with so on to plan B-

we might take a note from bikers, and have a trappers day at the capital, at the same time having legislation in committee.

or flood the dnr daily with emails from all over the country, asking them to support whats right.

right now its the MTA doesn't support it, so the dnr doesn't even consider it

chicken shites!

[trappnman]

Although the political leanings here would think otherwise.

was that a slam on me and this forum? if so, I might remind you of my battles with the MTA years ago over this very issue, and at no time has this forum, or the majority of its members, been against NR trapping. and if you are in any way putting me on any side against the NR issue, then you have been hanging out with the wrong folks

TC is entitled to his own opinion- he of the wrong political leanings as well.

[trappincoyotes39]

Black hammer never voted Democrat in my life Honest.

What I see was the forest thru the trees on this issue. I have zero problem with NR trapping I do have a problem with the ways and means to get it. This would have opened far more than 150-200 NR guys coming to MN and 150 Minn guys going elsewhere notice I am being generous with those numbers both ways. To me this isn't about being for NR trapping or not, much deeper issues could and would have come from this I have little doubt . I am all for allowing NR trappers to any state as long as the state decide it in house, not with a lawsuit trying to portray something that factually would be hard to do. I mean if we are to conclude that trapping is commercial endeavor in its whole then basically anyone making a few bucks off of something is deemed commercial as well. I know the IRS would love that LOL. Think about the process used and think about the numbers of guys in the US that can make the claim of more than 33 percent of their income coming from trapping ADC work and multiply that out by the IS workforce the number is crazy low. So if I pick up,pop cans in the ditch am I a commercial recycler ? Should I report my 20 a week off of aluminum? Maybe before anything is sold we then need a commercial license to sell anything beyond a few bucks at a a time? Charge 5.00 for each permit and tax all revenue received? The sad fact would be you would probably sell more commercial recycler license than those that would need a commercial trapping license.

Again fine with NR allow the states to decide their rules and regs when it comes to wildlife and resources who can and cannot partake. Otherwise every ginseng hunter, morel mushroom hunter, etc should be labeled as commercial too. It just seems a stretch to me as a way to force NR activity.

[blackhammer]

Apr 21, 2014 18:25:04 GMT -6 trappnman said:

Although the political leanings here would think otherwise.

was that a slam on me and this forum? if so, I might remind you of my battles with the MTA years ago over this very issue, and at no time has this forum, or the majority of its members, been against NR trapping. and if you are in any way putting me on any side against the NR issue, then you have been hanging out with the wrong folks

TC is entitled to his own opinion- he of the wrong political leanings as well.

Not personal at all. . . Politics are made for disagreement and I really don't have much interest in debating them, Trapping related stuff I would think we all would be on the same page a little more often. Sorry for accusing anyone of being a democrat. The whole issue is probably mute and I would think the only way nr trapping happens is through the dnr and maybe some form of nr being supported by the MTA in Minnesota.

[trappincoyotes39]

Black hammer wanting to see NR trapping is the same page , the pages turn when one decides how "best" to achieve this.

[FWS]

The whole issue is probably mute

For the most part the argument used is dead.

Just so people understand what the judgement means,

Dismissal With Prejudice

When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.

The argument was weak and the judge saw through it.

Politics are made for disagreement and I really don't have much interest in debating them

Disagreement is how you learn...................

Funny thing is that we've had discussions here that have included some of the plaintiffs involved in the MN lawsuit and their arguments were almost always weak, often based on personal feelings and emotion rather than sound reasoning, evidence, and precedence.

And we saw that again in the online discussions of this lawsuit and its implications and/or consequences. There was a lot of concerns omitted in discussions 'elsewhere' and unrealistic expectations were tossed out as bait to support it.

[RdFx]

Trapperman, as far as boycotting the NTA in MN. The Mn Trappers Assoc. (doesnt) want to hold another NTA convention in Mn. Same thing with Wi Trappers Assoc..

[trappnman]

neither wants to host any more national conventions?