Peveto v. State (Majority, with Concurring)
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The Supreme Court affirmed the circuit court's order dismissing Appellant's complaint for declaratory and injunctive relief, holding that there was no error.
Appellant was cited for aiding and abetting two individuals in his boat who were violating Arkansas Game and Fish Commission (AG&FC) Regulation N1.03(B)(3)(i)(b), which prohibits using barbed hooks in designated areas, and Regulation 1.00-C. Appellant filed a complaint seeking declaratory judgment that the two regulations are unconstitutional because they are in direct conflict with Ark. Code Ann. 35, 8. The circuit court dismissed the complaint, determining that there was no conflict between the AG&FC regulations and the Arkansas Constitution. The Supreme Court affirmed, holding that the regulations in question were not unconstitutional.
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