Hurley v. Commission of Fisheries of Va.
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. For a fuller statement of the case see the report, of the case below. Their principal contentions may be summarized as follows : The statute of Virginia, known as the Oyster Law.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. For a fuller statement of the case see the report, of the case below. Their principal contentions may be summarized as follows : The statute of Virginia, known as the Oyster Law. (Acts 1910, c. 343) contains only two sections applicable to the case at bar, to wit, §§ Í5 and 39. These provide for the resurveying of planting grounds, and in neither, nor in any other portion of the oyster laws, is any provision for a trial of the rights of an oyster planter, lessee of the State, whose beds adjoin the Baylor…
1Opinion of the CourtJustice McReynolds
Appellant sought a temporary injunction restraining the Virginia Commission of Fisheries from removing the stakes and marks which designated the boundaries of certain oyster grounds in the Rappahannock River, planted by him and which he claimed the right to occupy, and thereby opening the same for public use and enjoyment.
He maintained that the Commission was proceeding under a state statute invalid because it. failed to provide for proper notice and hearing and that the proposed action would deprive him of property without due process of law contrary to the Fourteenth Amendment.
A majority of…
2Cases cited1 opinion
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