Bowers v. State, Department of Natural Resources

I respectfully dissent.

Upon review of the state’s motion to dismiss the case for failure to state a claim upon which relief may be granted, the Court of Claims initially ruled that a cause in tort had properly been asserted and the motion was denied. The court, however, opted to reconsider that ruling based upon what it found to be the binding precedent of Jenkins v. Div. of Wildlife (Aug. 12, 1976), No. 75AP-524, unreported.

In Jenkins, the state had introduced wild beaver onto state-owned' property in an effort to repropagate the population. The beavers proceeded to do what beavers do best…