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#1 |
Currently @ MLO Territory
Join Date: Dec 2010
Location: Under the Shadow
Posts: 2,290
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I found all these cases, i think it will help for a motion to dismiss:
The Nature of a License: A license is merely a permit or privilege to do what otherwise would be unlawful. Payne v. Massey, 196 S.W. 2d 493; 145 Tex. 237, 241. The purpose of a license is to make lawful what would be unlawful without it. State v. Minneapolis- St. Paul Metro Airports Commission, 25 N.W. 2d 718, 725. A license is a right granted by some competent authority to do an act which, without such license, would be illegal. Beard v. City of Atlanta, 86 S.E. 2d 672, 676; 91 Ga. App. 584. A license confers the right to do that which without the license would be unlawful. Antlers Athletic Ass’n v. Hartung, 274 P. 831, 832; 85 Colo. 125 A license is a mere permit to do something that without it would be unlawful. Littleton v. Burgess, 82 P. 864, 866; 14 Wyo. 173. Generally, a license is a permit to do what, without a license, would not be lawful. Bateman v City of Winter Park, 37 So. 2d 362, 363; 160 Fla. 906. Definition: License: A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. Black’s Law Dicti0onary, 2d Ed. P. 723 (1910)
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#2 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Quote:
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#3 |
Currently @ MLO Territory
Join Date: Dec 2010
Location: Under the Shadow
Posts: 2,290
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Supreme Court Cases Used by CDFW
CDFW- sent me the hardcopies of the supreme court cases regarding my argument.
Mr. _____________, The information provided by Ms. Orme is correct, and it seems pretty clear and straightforward. Except for on free fishing days, or from specific public piers in ocean waters, fishing licenses are required in California. Also, In re Quinn is not a federal case. You seem to be making an argument that was rejected by the courts long ago. I encourage you to review the attached court decisions or consult private counsel, but there is not much more to be said regarding this matter. Thanks, Nathan Goedde Senior Staff Counsel California Dept. of Fish & Wildlife 1416 Ninth Street, 12th Floor Sacramento, CA 95814 nathan.goedde@wildlife.ca.gov ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() CDFW has not provided any other court case other than these two.....
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Last edited by wiredantz; 09-06-2016 at 04:29 PM. |
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#4 |
Currently @ MLO Territory
Join Date: Dec 2010
Location: Under the Shadow
Posts: 2,290
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I think they are trying to tell me something...
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#5 |
Large Member
Join Date: Jul 2012
Location: La Verne, CA
Posts: 1,011
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They're mocking you Frank!! Show them you mean business!
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#6 |
Made in U.S.A.
Join Date: Oct 2012
Location: Dana Point
Posts: 1,625
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Those cases refer to the right as a privilege, and seem to deal with fishing for profit.
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Hobie PA 14 ¸.·´¯`·.´¯`·.¸¸.·´¯`·.¸><(((º> Jackson Kraken ¸.·´¯`·.¸.·´¯`·.´¯`·.¸¸.·´¯`·.¸><(((º> Malibu X-Factor ¸.·´¯`·.´¯`·.¸¸.·´¯`·.¸><(((º> Malibu Stealth-12 ¸.·´¯`·.´¯`·.¸¸.·´¯`·.¸><(((º> Its not a spelling B its a fishing B ![]() |
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#7 |
Senior Member
Join Date: Apr 2010
Posts: 6,856
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And at the end of the day, or year, we will still go out and purchase our annual fishing license with ocean enhancement stamp.
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#8 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Quote:
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#9 |
Brandon
Join Date: Jul 2011
Location: San Diego
Posts: 2,345
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#10 |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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No kidding. Their stupid asses have the very first case stating "fishing for profit". Who ever said anything about fishing for profit? SMH
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