Case Number
M1999-01493-COA-R3-CV
This is a constitutional challenge to an Act of the legislature regulating the possession and sale of animals. Owners, dealers, and licensed propagators of various wildlife species challenged the Act on grounds that it is vague, overbroad, and a burden on interstate commerce. The Chancery Court of Davidson County rejected the constitutional challenge. We affirm the decision on the vagueness and overbreadth charge. We think, however, that there are disputed facts bearing on the question of whether parts of the Act impermissibly burden interstate commerce. We, therefore, remand for further proceedings on that issue.
Originating Judge
Chancellor Irvin H. Kilcrease, Jr.
Case Name
Robert Bean, Franklin Shaffer, David Autrey, Mack Roberts, Kevin Antle, Tom NIchols, Tammie P. Beasley, and Roxanne Luce, v. Ned Ray McWherter, Governor, State of Tennessee et al.
Date Filed
Dissent or Concur
No
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