Platt v. Philbrick

This is an appeal from a judgment of the Superior Court of Monterey County sustaining defendant’s demurrer and refusing to grant plaintiff an injunction against defendant.

Appellant is the owner and occupant of certain real property in Pacific Grove, which is within the “Monterey Peninsula Game Refuge”, and she seeks to enjoin respondent, a deputy fish and game commissioner, from enforcing the provisions of the Fish and Game Code relating to this area. She contends that the provisions of the code are unconstitutional because not uniform in operation; that it takes and damages her property…