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DeMarteleire v. Pa. Game Comm

Commonwealth Court of Pennsylvania
Sep 9, 1982
449 A.2d 882 (Pa. Cmmw. Ct. 1982)

Opinion

Argued March 5, 1982

September 9, 1982.

Hunting license — Revocation — Scope of appellate review.

1. The scope of review of the Commonwealth Court of Pennsylvania on an appeal from the revocation of a hunting license is limited to determining whether there has been an error of law or whether the findings of the lower court are unsupported by competent evidence. [614]

Argued March 5, 1982, before President Judge CRUMLISH, JR. and Judges BLATT and DOYLE, sitting as a panel of three.

Appeal, No. 362 C.D. 1979, from the Order of the Court of Common Pleas of Bucks County in the case of Commonwealth of Pennsylvania Game Commission v. Vincent DeMarteleire, No. 78-4427-11-6.

Hunting and trapping privileges revoked by the Pennsylvania Game Commission. Licensee appealed to the Court of Common Pleas of Bucks County. Appeal dismissed. BORTNER, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Michael S. Bomstein, for appellant.

Stuart M. Bliwas, with him Ronald H. Skubecz, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.


Vincent DeMarteleire appeals a Bucks County Common Pleas Court order which affirmed the revocation of his hunting license by the Pennsylvania Game Commission.

Our scope of review is limited to determining whether there has been an error of law or whether the findings of the lower court are unsupported by competent evidence. Appeal of Capozzoli, 63 Pa. Commw. 411, 437 A.2d 1340 (1981).

The parties agreed to adopt the lower court's findings of fact.

We affirm on the able opinion of Judge BORTNER, Pa. D. C. 3rd ___ (1979).

Affirmed.

ORDER

The order of the Court of Common Pleas of Bucks County, No. 78-4427-11-6 dated January 11, 1979, is hereby affirmed.

Judge MENCER did not participate in the decision in this case.


Summaries of

DeMarteleire v. Pa. Game Comm

Commonwealth Court of Pennsylvania
Sep 9, 1982
449 A.2d 882 (Pa. Cmmw. Ct. 1982)
Case details for

DeMarteleire v. Pa. Game Comm

Case Details

Full title:Vincent DeMarteleire, Appellant v. Commonwealth of Pennsylvania…

Court:Commonwealth Court of Pennsylvania

Date published: Sep 9, 1982

Citations

449 A.2d 882 (Pa. Cmmw. Ct. 1982)
449 A.2d 882

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