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.

Posted in Hunting
5 comments on “Unified Sportsmen Suit Goes Forward
  1. ErikT says:

    “Although the Game Commission takes the stance that it owns the deer ”

    Where is it stated that they take this stance????

  2. Steve S says:

    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

  3. Kilted says:

    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.”

  4. Gene says:

    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.

  5. ErikT says:

    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.

1 Pings/Trackbacks for "Unified Sportsmen Suit Goes Forward"
  1. […] Latest news on the suit against the Game Commission: Case dismissed. A state court yesterday dismissed a lawsuit challenging the Pennsylvania Game Commission’s deer-management program, saying the sportsmen’s group that sued lacks a legal foundation for its claim. The Unified Sportsmen of Pennsylvania had asked Commonwealth Court to order specific changes in the program, including an immediate end to doe hunting pending a scientific study, on grounds that the current rules threaten to decimate the herd. But a three-judge panel said the Game Commission is legally required to manage the deer and has discretion over how to do that. The panel said the sportsmen’s group cannot use the courts to change policies it disagrees with. Members of the group, which says it represents more than 40,000 hunters and outdoorsmen, “do not aver the Game Commission failed to exercise its discretion; rather, they seek to compel the exercise of discretion in a specific manner,” Judge Robert Simpson said in a 12-page decision. See previous article about the suit. […]

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