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eBook details

• Title: Massachusetts Society for Prevention
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 20, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Animal. Trapping. Words, ""Designed,"" ""Padded jaw trap."" O'CONNOR, J. The plaintiffs brought these actions in the Superior Court to obtain judgments declaring that a certain regulation that had been promulgated by the defendant division of fisheries and wildlife (division) is inconsistent withG. L. c. 131, § 80A (1992 ed.), and is, therefore, invalid. The regulation, set forth at 321 Code Mass. Regs. § 3.02 (5) (1989), governs the use of so-called ""padded jaw traps"" to trap fur-bearing mammals in Massachusetts. A Judge allowed a motion to ""fuse"" (consolidate) the two actions. Thereafter, the plaintiffs in the two cases filed a single motion for summary judgment. The division and its director also filed a motion for summary judgment. A Judge allowed the plaintiffs' motion and denied that of the defendants. The Judge ordered the entry of a declaratory judgment stating, ""The regulation set forth at 321 [Code Mass. Regs.] § 3.02(5) is invalid to the extent said regulation permits padded jaw traps to be used, set, placed or maintained on land, because it contravenes G. L. c. 131, § 80A."" The defendants appealed and we allowed the division's application for direct appellate review. We vacate the judgment and order the entry of a judgment declaring that the regulation set forth at 321 Code Mass. Regs. § 3.02 (5) is not inconsistent with G. L. c. 131, § 80A, and is valid.

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