[Download] "William A. Duff and Dr. Richard W. Janssen and Richard B. Springer v. Township Northampton Et Al." by Supreme Court of Tennessee ~ Book PDF Kindle ePub Free

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eBook details

• Title: William A. Duff and Dr. Richard W. Janssen and Richard B. Springer v. Township Northampton Et Al.
• Author : Supreme Court of Tennessee
• Release Date : January 15, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

This case involves the question of whether a state statute prohibiting hunting with firearms within 150 yards (450 feet) of any occupied dwelling precludes a municipal ordinance operating in the same area. The Court of Common Pleas of Bucks County (trial court) issued a final decision and order on September 12, 1986 dismissing Petitioners exceptions to its decision and order of June 17, 1986 which concluded that the Northampton Township (Township) Ordinance No. 204 (Ordinance), as amended, is valid and not preempted by The Game Law (Game Law), Act of June 3, 1937, P.L. 1225, as amended, 34 P.S. ?? 1311.1-1311.1502. The trial court further held that the Township, a second class township, had the power to enact the Ordinance as a reasonable exercise of its police powers. The trial court, in rejecting the preemption argument, concluded that the right to hunt is only a qualified privilege and that the Game Laws "safety zone" does not provide as much protection as that provided in the Ordinance and, therefore, the states "safety zone" must be treated as only a minimum "safety zone". The trial court, concurring with the New Jersey Court in Township of Chester v. Panicucci, 62 N.J. 94, 299 A.2d 385 (1983), held that the Game Law is incomplete and that the Township could and did adopt complementary regulations. The trial court further opined that the Game Law seeks

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