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Mr. Carr did not lease the ranch to anyone other than
petitioner.2 However, under the understanding with petitioner,
while the record is somewhat unclear, some friends and business
acquaintances of Mr. Carr could also hunt on the ranch.3 Because
the hunting was on a working cattle ranch, Mr. Hooks notified Mr.
Carr prior to each hunt. In addition, when friends of Mr. Carr
were hunting on the ranch, they were required to notify Mr.
Hooks, typically by stopping by the cabin prior to hunting.
Generally Mr. Hooks included them in his hunting plans.
Petitioner was responsible for the cleaning and maintenance
of the property and the cabin. The cabin was somewhat Spartan,
but petitioner installed a wood heating stove, refrigerator, and
microwave. Frequently hunters spent the night in the cabin.
Petitioner also built and maintained hunting blinds or stands.
Generally, petitioner used the ranch on weekends during the
hunting season. Mr. Hooks would go to the ranch on Wednesday,
clean the cabin and stands, and purchase the necessary food and
beverages. The hunters would generally arrive on Friday and
leave on Sunday.
2 In the past, the ranch had been subject to poaching. Mr.
Carr felt, and history proved, that petitioner's presence on the
ranch deterred poachers.
3 While Mr. Hooks testified that people other than
petitioner's guests would "come in and hunt on occasion", he also
testified that he allowed them to hunt with petitioner's guests.
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Last modified: May 25, 2011