Appellants Raymond J. Lesniak and the Lesniak Institute for American Leadership appeal from the January 10, 2024 Law Division order granting respondents' motion to dismiss their complaint for declaratory and injunctive relief with prejudice pursuant to Rule 4:6-2(e). Appellants challenge the constitutional authority and composition of the New Jersey Fish and Game Council, specifically as they are defined and limited by the powers granted to the Legislature under the New Jersey Constitution. They seek to enjoin the Fish and Game Council from implementing the 2022 Comprehensive Black Bear (Ursus americanus) Management Policy, the amendments to the State Fish and Game Code, and the bear hunt.
The court concludes appellants' verified complaint on its face fails to state a viable constitutional claim of the separation of powers, allocation of governmental authority, and the non-delegation doctrine. The validity of the governing law, and its application to the delegation of regulatory authority to the Fish and Game Council as set forth in N.J.S.A. 13:1B-24 to -32, has been thoroughly examined in Humane Soc'y of U.S. v. N.J. State Fish & Game Council, 70 N.J. 565 (1976) and U.S. Sportsmen's All. Found. v. N.J. Dep't of Env't Prot., 182 N.J. 461 (2005) and passed constitutional muster.
Appellants alternatively argue that summary judgment should have been granted because the questions of law presented rested upon undisputed material facts. Appellants' argument is based on an untenable premise, as it is unsupported by any evidence that rebuts recognized legal principles.
The court therefore affirms the dismissal of appellants' verified complaint and the denial of appellants' cross-motion for summary judgment.