HUMANE SOC. OF U.S. v. N.J. STATE FISH & GAME


129 N.J. Super. 239 (1974)

322 A.2d 841

THE HUMANE SOCIETY OF THE UNITED STATES, NEW JERSEY BRANCH, INC., A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; THE SIERRA CLUB, INC., A CALIFORNIA NON-PROFIT CORPORATION; HERMINA C.M. ANDREWS AND FRED FERBER, CITIZENS AND TAXPAYERS OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. NEW JERSEY STATE FISH AND GAME COUNCIL, AN AGENCY OF THE STATE OF NEW JERSEY; WILLIAM T. CAHILL, GOVERNOR OF THE STATE OF NEW JERSEY; THE SENATE OF THE STATE OF NEW JERSEY, AND ALFRED N. BEADLESTON, PRESIDENT THEREOF; THE NEW JERSEY STATE FEDERATION OF SPORTSMEN'S CLUBS, A NON-PROFIT ASSOCIATION OF THE STATE OF NEW JERSEY, AND ROBERT SMALLEY, PRESIDENT THEREOF; AND THE STATE OF NEW JERSEY, ACTING THROUGH THE AGRICULTURAL CONVENTION OF THE STATE OF NEW JERSEY, A PUBLIC BODY ORGANIZED UNDER THE REVISED STATUTES OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 12, 1974.


Attorney(s) appearing for the Case

Mr. Peter A. Buchsbaum for plaintiffs.

Mr. Leo J. Barrett for defendant New Jersey State Federation of Sportsmen's Clubs and Robert Smalley.

Mr. John M. Van Dalen for defendants New Jersey State Fish and Game Council, William T. Cahill, Governor of the State of New Jersey, the Senate of the State of New Jersey and Alfred N. Beadleston, State of New Jersey acting through the Agricultural Convention of the State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey).

Mr. Paul A. Lenzini for International Association of Game, Fish and Conservation Commissioners and the National Wildlife Federation, amici curiae (Messrs. Chapman, Duff & Lenzini, attorneys).

Mr. Dennis C. Linken for New Jersey Council of Churches, amicus curiae (Mr. Edward J. Insley, P.A., attorney).


CIOLINO, J.S.C.

This action has been submitted to the court on a limited stipulation of facts and legal argument. Plaintiffs Humane Society and Sierra Club are nonprofit organizations having many members who are interested in and knowledgeable about the conservation of fish and game in the State, and many members who use and enjoy the State's wildlife, parks, waters and open lands. These plaintiffs, along with the...

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