Hartley Hill Hunt Club v. County Commission of Ritchie County

STARCHER, J.:

In this appeal from the Circuit Court of Ritchie County, we are asked to examine the constitutionality of a statute that prohibits Sunday hunting in certain circumstances. The circuit judge entered a declaratory judgment finding that the statute, W.Va.Code, 20-2-5(28) [2001], was constitutional.

After careful review of the briefs of the parties, the record created in the court below, and the arguments of the attorneys, 1 we too find that W.Va.Code, 20-2-5(28) is constitutional. As set forth below, we affirm the circuit judge’s judgment.

I

Facts & Background

In the Spring of 2001, the…