The appellant appealed a decision of the respondent denying them a permit to kill deer that were damaging their tree nursery. The respondent refused the permit on the basis of a policy that alternative methods should be employed to control deer populations including the use of anti-deer fencing.
The Board dismissed the appeal yet sent it back to the Deputy Director to reconsider the policy for an area where the duration of time which the land will be used for is limited to several years. Due to this problem, the solution of fencing seemed to be of doubtful economic sense.