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MERCER COUNTY DEER ALLIANCE v. DEPT. OF ENVIRONMENTAL PROTECTION

793 A.2d 847 (2002)

349 N.J. Super. 440

MERCER COUNTY DEER ALLIANCE, New Jersey Animal Rights Alliance, Animal Protection Institute, Ursa Curac, Debra Faiello, Marilyn Johnson, and Linda Niedweske, Appellants, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Division of Fish, Game and Wildlife, and New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife, Fish and Game Council, Respondents. Millburn-Short Hills Humane Alternatives (MSH-Halt), Pat Porter and Laraine Barach, Appellants, v. New Jersey Department of Environmental Protection, Division of Fish, Game & Wildlife And New Jersey Department of Environmental Protection, Division of Fish, Game & Wildlife, Fish & Game Council, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 2002.

Attorney(s) appearing for the Case

Skey, Dumont & Matejek, attorneys for appellants in A-4134-98T2 (Nielsen V. Lewis, Princeton, and Denise H. Feder, Titusville, on the brief).

William Strazza, Union, attorney for appellants in A-1618-00T2.

David Samson, Attorney General, attorney for respondents (Michael J. Haas, Assistant Attorney General, of counsel; Jose L. Fernandez, Deputy Attorney General, on the briefs).

Mason, Griffin & Pierson, attorneys for amicus curiae Township of Princeton (Trishka Waterbury and Lisa Randazzese, on the brief).

Before Judges PRESSLER, CIANCIA and PARRILLO.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

These appeals arise out of the deer control mechanisms promulgated by the Legislature and, pursuant to asserted legislative authority, by the Division of Fish, Game and Wildlife in the Department of Environmental Protection (Division) and by the Fish and Game Council, an arm of the Division. In the appeal filed under Docket Number A-4134-98T2, a variety of challenges...

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