Ranchers’ elk lawsuit rejected by judge

Wednesday, April 29, 1998 | 9:38 a.m.

Judge Richard Wagner of Lovelock said the four state employees who were sued were immune from liability and were acting within the scope of their authority.

The four included state Conservation and Natural Resources Director Peter Morros, Wildlife Administrator Willie Molini, and wildlife employees Larry Barngrover and Larry Gilbertson.

The lawsuit was brought by Sorenson Livestock Inc., Cliff and Bertha Gardner and the OX Ranch. All hold grazing permits from the Bureau of Land Management on public lands about 80 miles south of Wells.

David Horton, attorney for the three ranches, said the elk case "is far from over" and he'll ask Judge Wagner to reconsider the complaint.

The ranchers say the elk compete with cattle on public and private lands. Elk also can transmit diseases into the cattle herds that can take years to eradicate, Horton said.

Molini said 127 elk from Oregon and Utah were released into the area through a program to revive the herds. Elk are favorites of the viewing public and eventually hunting will be allowed.

Molini and Morros said the state officials went through all the hearing processes and involved the livestock industry with the release plans.

Judge Wagner rejected the claims of the ranchers that the state Wildlife Commission never followed its rules and violated the Nevada Constitution in approving the elk release.

Wagner said the "decision to reintroduce elk onto public lands in Elko County involves no-rule making" and therefore there is no violation of the state's administrative procedures act.

He added that the wildlife commission has the power to establish policies for the protection, restoration, transplanting, introduction and management of wildlife.