Arkansas Game & Fish Commission v. Murders

W.H.“Dub” Arnold, Chief Justice.

The appellant, Arkansas Game and Fish Commission, appeals a ruling of the Garland County Circuit Court declaring that amended code 18.04, which prohibits road hunting, is void. Because we agree that the amended portion of the Commission’s rule is unconstitutionally overbroad and exceeds the scope of the Commission’s constitutional authority, we affirm the ruling of the trial court.

The appellees are licensed hunters who reside in Garland County, Arkansas. Pursuant to Ark. Code Ann. § 25-15-207(a) (1987), they brought a declaratory judgment action against the…