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Wyoming Board of Outfitters and Professional Guides v. Clark8/27/2001
de's] foot, he just hit against the side of it and kind of moved it aside." Hyde could not say that Clark did it purposely but that he "certainly was careless in coming that close." Hyde then asked Clark where he had been hunting, and Clark responded, "What do you want to know for?" Clark then walked to his pick-up and drove away. Hyde testified that, while he did view Clark as "disruptive and antagonistic," he did not think it warranted any enforcement action on his part. Clark presented a considerably different view of what transpired that day, and there was considerable evidence of a feud between Ranger Nyman and Clark. However, we will base our resolution of this incident on the evidence noted above. We certainly do not condone Clark's contumacy, particularly as it was directed toward Ranger Nyman. However, the record reflects that Warden Hyde was the individual interacting with Clark on the day at issue. Clark's behavior, as described by Hyde, could not be characterized as "fully cooperative," but it is also clear tha t Hyde made a decision to desist in the routine check because he saw no further point in it. We are unable to view the totality of the circumstances described by the record as supporting the Board's conclusion that Clark violated applicable statutes or regulations to such an extent as to warrant denial of his 1999 license application.
[ ] For the reasons set out above, the district court's order reversing the Board's decision to deny Clark's 1999 guide's license application is affirmed.
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