Commonwealth Court Allows Suit Against the Game Commission to Proceed
In the case, Unified Sportsmen of Pennsylvania v. Pennsylvania Game Commission, 950 A.2d 1120, slip op available (Pa. Commw. 2008) the Commonwealth Court denied the Pennsylvania Game Commission’s (“PGC”) preliminary objections relative to a petition for declaratory judgment filed by the Unified Sportsmen of Pennsylvania (“Unified”). Unified alleged in its petition that the PGC abused its discretion with regard to the number and allocation of antlerless deer license it issued for 2007-2008 and also that PGC failed to properly implement the “DMAP” program which allows landowners to apply for additional permits to provide for the taking of additional antlerless deer on their property.
The PGC filed preliminary objections challenging the sufficiency of Unified’s petition. PGC’s arguments revolved around previous litigation filed by Unified, which litigation had previously been dismissed by the Commonwealth Court. In denying PGC’s preliminary objections, the Court indicated that Unified’s petition adequately addressed the Court’s jurisdiction, the legal challenge to the PGC’s actions and Unified’s standing to bring the action.
