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NJSPCA v. NJ DEPT. OF AGRICULTURE

A-27 September Term 2007

955 A.2d 886 (2008)

196 N.J. 366

NEW JERSEY SOCIETY FOR the PREVENTION OF CRUELTY TO ANIMALS; Farm Sanctuary; Humane Society of the United States; American Society for the Prevention of Cruelty to Animals; Animal Welfare Institute; Animal Welfare Advocacy; Save our Resources Today; Whole Earth Center; Center for Food Safety; Organic Consumers Association; Gloria Binkowski, V.M.D.; Genesis Farm; Conventry Farm; Merrick Farm; Keller Farm; Arleen Paul; Helga Tracretier and Craig Dibenedictus, Appellants-Appellants, v. NEW JERSEY DEPARTMENT OF AGRICULTURE; Charles M. Kuperus, Secretary, New Jersey Department of Agriculture and New Jersey State Board of Agriculture, Respondents-Respondents.

Supreme Court of New Jersey.

Decided July 30, 2008.

Attorney(s) appearing for the Case

Katherine A. Meyer, a member of the District of Columbia bar, argued the cause for appellants (Egert & Trakinski, attorneys, New York City; Ms. Meyer, Amy R. Trakinski and Leonard Egert, on the briefs).

Nancy Costello Miller, Deputy Attorney General, argued the cause for respondents (Anne Milgram, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Linda J. Niedweske, South Orange, submitted a brief on behalf of amici curiae The Monmouth County Society for the Prevention of Cruelty to Animals and The Cumberland County Society for the Prevention of Cruelty to Animals (Niedweske Barber, attorneys; Ms. Niedweske, Kevin E. Barber, of counsel and on the briefs).

Ryan S. Lester, New York City, submitted a brief on behalf of amicus curiae Bernard E. Rollin, Ph.D.

Justice HOENS delivered the opinion of the Court.

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals ("NJSPCA") and its related county organizations, the Legislature decreed that the Department of Agriculture (...

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