Unified Sportsmen Suit Goes Forward
The Commonwealth Court allows a suit filed by the Unified Sportsmen to move forward, finding the group has standing to seek relief against the Game Commission.
Read the full opinion here.
Although the Game Commission takes the stance that it owns the deer and the Sportsmen don’t have any legal basis to challenge it’s management of the herd, the Court allows the Sportsmen to amend their Complaint because the group could state a valid claim.
The Court did dismiss DNCR and the Govenor from the suit, as the Sportsmen didn’t allege any statutory duty involving either.
“Although the Game Commission takes the stance that it owns the deer ”
Where is it stated that they take this stance????
Erick T,
In the PGC’s brief, the attorney argued that under Title 34 the PGC “own the deer herd.” Interestingly enough, Title 34 does say just that, but courts have never interpreted that language literally. See, Potts v. Davis, 149 Pa.Cmwlth. 8, 610 A.2d 74
It’s stated on page 6 of the ruling. “Respondents contend the deer herd is owned
exclusively by the Game Commission, and it alone is authorized to manage the herd.”
Unless Unified has some extremely expert witnesses, with impressive cirriculum vitae, they will lose this case (perhaps on preliminary motions)on just that issue. The PGC mission is to manage wildlife of all kinds; question in this case is whether they have acted responsibly.
Well, if they own it, I guess they have the right to “manage” it 🙂
Unfortunatly this baseless suit will just be a waste of everyone’s time and resources.