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Date: 10-23-2024
Case Style:
Joel Farwell Benett v. State of Alaska
Case Number: 1JU-20-879
Judge: Daniel Schally
Court: Superior Court, First Judicial District, Juneau Borough
Plaintiff's Attorney:
Defendant's Attorney: Cheryl R. Brooking and Treg R. Taylor
Description:
Juneau, Alaska civil litigation lawyer represented the Plaintiff seeking an declaratory judgment.
Environmental advocates brought suit challenging the State of Alaska, Department of Fish &Game's (ADF&G's) decision to open the 2020-2021 wolf harvest on Prince of Wales Island. The advocates alleged that in light of a 2019 change in ADF&G's game management plan, and a record-setting wolf harvest the season following that change, ADF&G's decision to open the 2020-2021 wolf harvest violated the "sustained yield" principle of the Alaska Constitution. After a five-day bench trial, the superior court ruled in favor of the State, concluding that it satisfied its constitutional mandate to ensure sustained yield of the wolves.
On appeal the advocates raise new challenges against the 2019 change in management plan. We conclude that we are unable to reach these new challenges, raised for the first time on appeal, and that the other arguments the advocates raise are without merit.
Bennett v. State, 2051, S-18496 (Alaska Oct 23, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: