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Blackwater Deer Dog Hunting Case Shot Down By Florida Supreme Court
December 18, 2018
Rejecting arguments by some Northwest Florida residents, the state Supreme Court on Monday declined to take up a lawsuit aimed at reining in “deer dog” hunting on property around the Blackwater Wildlife Management Area.
The justices involved in the decision — Chief Justice Charles Canady and justices Barbara Pariente, R. Fred Lewis, Peggy Quince and Jorge Labarga — unanimously declined to review a decision by the 1st District Court of Appeal.
The lawsuit, filed against the Florida Fish and Wildlife Conservation Commission, contended that “deer dog” hunting infringed on the residents’ property rights and created a nuisance.
“Deer dog” hunting, as the name implies, involves hunters using dogs to flush out deer and has long been allowed in the state’s Blackwater Wildlife Management Area. But the legal battle stems from hunters and dogs trespassing on adjoining private land.
Property owners filed the lawsuit seeking to prevent deer-dog hunting in the wildlife-management area. The lawsuit included what is known as a “takings claim” — essentially arguing that the deer-dog problems were so serious that they were depriving the owners from enjoying their property.
Also, the lawsuit sought an injunction to require the Fish and Wildlife Conservation Commission to “abate” the nuisance on the private property.
Leon County Circuit Judge Karen Gievers issued an injunction requiring the commission to abate the problem. But the majority of a three-judge panel of the 1st District Court of Appeal rejected the injunction and sent the case back for entry of summary judgment in favor of the commission on the takings and nuisance claims.
The residents then asked the Supreme Court to weigh in.
“Imagine it is Thanksgiving morning and you are enjoying the outdoors with your family, when suddenly hunting dogs chasing deer at high speeds invade your private property from the adjacent state-managed lands, sending your family and grandchildren running inside and causing your livestock to injure themselves by breaking through fences while running from the hunting dogs,” attorneys for the residents wrote in a September petition to the Supreme Court. “Then imagine gunshots ringing out around your property.”
But attorneys for the Fish and Wildlife Conservation wrote in an October brief that there wasn’t a legal basis for the Supreme Court to take up the case.
by The News Service of Florida
Comments
19 Responses to “Blackwater Deer Dog Hunting Case Shot Down By Florida Supreme Court”
Its goood for the dogs to be in touch with their true nature. Better than those folks who own a dog and only let em outside to defecate and never take them to a park or anything. Dogs and humans are predators and deer are prey. All you bleedin hearts need to live.. and LET LIVE.
Trespassing should be dealt with on a case to case basis. The last thing we need in this country is more rules and regulations. You will just create more criminals of the folks who will rather uphold tradition then follow an asinine law!
For those saying shoot, bait and trap the dogs, what is wrong with you why would you want to do that to an animal that’s done nothing to you? I love my hounds like family and love hearing them run. To me it’s about the enjoyment of being out there with friends and family and listening to the race. Hell half the time your party doesn’t even go home with a kill so for you bait and sitters it’s not easier. Plus for the past few years the calls about nuisance dogs and hunters have been false reports. We are already required to use GPS collars and shock collars and caught running dogs without is a fine. Caught on someone’s land is a fine. Fences have been put up at the cost of the hunters out of pocket to keep animals off of private property and hunters have started avoiding certain areas just to keep the peace. We aren’t out there to piss off land owners and we want every one to have fun and be safe.
I have been hunting all my life (12 years) so THAT IS MY LIFE SO I JUST YALL ALL WILL HAVE TO LEARN HOW TO DEAL WITH IT. THE DOG HUNTERS WHERE THERE BEFORE MOST OF THE PROBLEM PEOPLE WHERE THERE. IT IS ONE OF MY FAMILY’S LONG LIFE TRADITIONS. SEE I WOULD RATHER BE HUNTING (COON, RABBIT, AND DEER) HUNTIN THEN AT SCHOOL.
When you buy land in the middle of Wildlife Management land, you should check out what comes with it before hand. Its like buying on a lake or river, you might be swimming with gators and snakes.
Judging by these responses. I guess all these REAL hunters chase their prey down with a rock or sharpened stick. Since dog hunting is one of the oldest forms of hunting( 20,000 to 35,000 years ago, depending on the study) maybe longer. It also predates agriculture by a few thousand years. So if it is not REAL hunting, surely you are not using a firearm or even a bow. Since they came around much later in mans history.
They should continue allowing dog hunting, but property owners should be allowed to shoot dogs and hunters that enter their property uninvited.
A famous person said, “You cannot control what others do. You can only control how you react to what others do.” So build a fence. And avoid an ulcer trying to control others.
You moved to an area where there is hunting.. what did you think would happen? Dogs run deer and have for years. Even though its not my kind of hunting and I prefer still hunting but I respect the folks who run dogs. As far as the noise of gunshots. That’s everywhere these days. Instead of trying to change something that’s worked for 50+ years… MOVE! This is the stupidest thing I’ve ever read about. People these days have a problem with everything.
Majestic animals? Wow? Deer are a nuisance and they cause numerous deaths every year. The state doesn’t manage them and they also destroy gardens and farmers crops. I don’t consider that majestic. I consider that to be rodent behavior. Am I to assume that baiting a deer with a pile of corn is more of a sport?
Boo-hoo! Why would you move into a place that had dog hunting, for generations, and then complain about the hunting? The property owners should have done their homework and researched the area before they purchased the property. It’s like purchasing property beside a school and then complaining about the children or traffic. They need to get over themselves. Grand Locust perhaps you should also have the dogs trained to read “No Trespassing” signs. I will never understand why
people want to deny others of their way of life. Uncle M the dogs enjoy the sport. Btw…they are hunting dogs. Don’t knock it until you try it. I’m sure you baiting with corn is way more of a sport.
Uncle M gets the trophy for the day. One is not hunting deer if using a dog. It is an art, useful for keeping the population down. Deer are very majestic animals and need to be taken out with one shot, not tortured to death!.
Put out a trap with dog food in it, and every time you trap a hunting dog take it to animal control. A stray is a stray, it doesn’t matter if it’s someones hunting dog or not.
Dog hunting should be band.
The dog hunters were there first. If you don’t like it then move.
If you purchase property in the middle of state hunting land wouldn’t you expect deer and dogs running on your property durning hunting season. If you don’t want them on your property build a fence around your property at your expense not the tax payers to keep your property private. The State if Florida doesn’t pay for my automobile when a deer hits it, nor do they reimburse me for all my seeds and labor when deer eat my garden. Everyone needs to get along and enjoy what time we have and treat everyone with respect.
The taking legal argument was very weak, and the Supreme Court could never have taken that legal argument up because of the ramifications in all kinds of areas of the law. No dog should be able to hunt public land until they have a collar and have been trained and certified by park staff which would require a higher hunting fee to cover collars and training. There is no problem if the dogs stay on property and simple gps and shock collars will report back to park staff a violation which should be a small fine of no more than 25 dollars which allows a balancing of the burden of dog hunting on neighbors against hunters enjoying a traditional sport. The fine money would be used entirely to lower the cost of training dogs and hunters as to boundaries.
I will never understand the use of dogs to hunt deer. I did not when I was young and had family doing it and still do not. There is nothing sport about running a deer half to death and then shooting it. If you actually know how to hunt and put the effort into it, you will still kill deer. I hunt and love to be out in the woods and hate it when a dog ruins my hunt.
People move next to a landfill and complain, they move near and airport and they complain. They move near a wildlife management are and they complain?
I would suggest using stock wire fencing and that will prevent the dogs from crossing onto your property.
Move back to Ohio or where ever is another possible solution.
People was been allowed to run dogs on this property long before all the yanks started moving in .deal with it.