Applegate v. Commonwealth

By Judge Marvin F. Cole

Seven Virginia turkey hunters filed this suit seeking to enjoin the Commission of Game and Inland Fisheries from putting into effect certain regulations affecting the season and bag limits on hunting wild turkeys. The complainants contend that the Commission failed to follow proper statutory procedure in adopting the regulations and that the new regulations “constitute an unreasonable threat to the wild turkey population of Virginia.”

The Commission has responded with a demurrer, which asserts among other things that an injunction is not an appropriate form of relief in…