An administrative law judge on Friday cleared litigation pending in the Office of Administrative Hearings over the Brasstown New Year’s Eve "Possum Drop," as the case is now being heard in superior court.
Judge Fred Morrison granted a motion for summary judgment by the state Wildlife Resources Commission that a bill enacted into law in June to allow the opossum event eradicated any violation the agency might have committed when it issued two licenses to organizer Clay Logan, because it was retroactive to last year’s event.
Morrison also granted a motion for summary judgment by People for the Ethical Treatment of Animals, finding that the agency failed to follow proper procedure when it issued the licenses for last New Year’s Eve and this year’s. Logan has surrendered his license for this year.
PETA has sued in superior court asking a judge to declare the new law unconstitutional for violating due process and equal protection guarantees. The new law allows the event to be held in Clay County every year. The animal welfare organization contends the law is vague and selective.