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

70 N.J. 565 (1976)

362 A.2d 20

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-RESPONDENTS, 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-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Mr. Jay D. Fischer argued the cause for appellant N.J. State Federation of Sportsmen's Clubs (Mr. Fischer and Mr. Leo J. Barrett, attorneys).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants N.J. Fish & Game Council, William T. Cahill, Governor of the State of New Jersey, the Senate of the State of New Jersey, Alfred N. Beadleston, and the State of New Jersey acting through the Agricultural Convention of the State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman of counsel; Mr. John M. Van Dalen, Deputy Attorney General, on the brief).

Mr. Peter A. Buchsbaum, Assistant Deputy Public Advocate, argued the cause for respondents (Mr. Stanley C. Van Ness, Public Advocate, attorney).

Mr. Steven E. Pollan submitted a brief on behalf of amicus curiae Common Cause (Messrs. Pollan and Pollan, attorneys).

Mr. Edward J. Insley submitted a brief on behalf of amicus curiae N.J. Council of Churches.

The opinion of the Court was delivered by CLIFFORD, J.

This case presents a challenge, on equal protection and due process grounds, to the constitutionality of N.J.S.A. 13:1B-24. That enactment sets forth the qualifications and recommendation procedures for appointment to the Fish and Game Council, an appointive eleven member body within the Division of Fish, Game and Shell Fisheries of the Department of Environmental Protection. The trial court (which heard...

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