Allen v. McClellan

NOBLE, Justice.

Plaintiffs (appellants), the owners of approximately twelve acres of land, brought suit seeking to restrain defendants (appellees), employees of the state game commission, from interference with their use of the land, and to recover damages, contending that defendants had, without statutory authority and in violation of due process, damaged their private property for public use without just compensation, and had denied them the equal protection of the laws.

The plaintiffs’ land lies within the exterior boundaries of a game refuge or game management area known as the “Belen Game…