TENNESSEE COMMERCIAL ROE FISHERMEN’S ASSOCIATION, ET AL. v. TENNESSEE WILDLIFE RESOURCES COMMISSION, ET AL. - Articles

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Posted by: Landry Butler on Aug 31, 2016

Court: TN Court of Appeals

Attorneys 1:

James Robert McKoon, Blake F. Murchison, John R. Hegeman, and Kathryn Fairchild MacGregor, Chattanooga, Tennessee, for the appellants, Tennessee Commercial Fishermen‘s Association and Tennessee Commercial Roe Fishermen‘s Association.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andre´e S. Blumstein, Solicitor General; and Elizabeth Parker McCarter, Senior Counsel, Nashville, Tennessee, for the appellees, Tennessee Wildlife Resources Commission, et al.

Judge(s): BENNETT

This lawsuit was brought by two associations of commercial fishermen challenging proclamations enacted by the Tennessee Wildlife Resources Commission ("TWRC") that affect, among other matters, the species and sizes of fish that may be harvested, the types of equipment that may be used, the permissible locations for fishing, and fishing seasons. On appeal, the fishermen argue that the proclamations are invalid because the actions of the TWRC violated the Open Meetings Act and procedural due process, because the proclamations violate substantive due process, and because one of the commissioners had an impermissible conflict of interest. We find no merit to the fishermen‘s arguments and, therefore, affirm the decision of the trial court.