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Game & Fresh Water Fish Commission v. Lake Islands, Ltd.

Florida Supreme Court

407 So. 2d 189 (1981)

Relevant factsFree

The Florida Game & Fresh Water Fish Commission (plaintiff, as the party whose rule was challenged) banned motorboats, including airboats, on Lake Iamonia during duck-hunting season, but the lake's shallow waters made airboats the only practical way to reach certain areas; Lake Islands, Limited (defendant) owned islands on the lake accessible only by airboat and challenged the rule as unconstitutionally blocking their access to their own property during that season. The trial court found the rule constitutional on its face but unconstitutional as applied to Lake Islands, and the Commission appealed.

IssueFree

Whether a state rule banning airboats during a designated season is unconstitutional as applied to riparian landowners whose only means of access to their property is by airboat.

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