PETA, state split ‘Possum Drop’ rulings

08/03/2014 1:37 PM

08/03/2014 1:38 PM

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.

Under the Dome logo

Under the Dome

Under the Dome is your inside source on North Carolina politics and government and has been a regular feature in The N&O since 1934. Check here for the latest on state and federal government, political advocacy and upcoming elections. This blog is maintained by the N&O politics staff.

Join the Discussion

News & Observer is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Terms of Service