(DOWNLOAD) "North fork Presn Assn v. Dept. of St. Lands" by In the Supreme Court of the State of Montana " Book PDF Kindle ePub Free
eBook details
- Title: North fork Presn Assn v. Dept. of St. Lands
- Author : In the Supreme Court of the State of Montana
- Release Date : January 22, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This appeal involves an oil and gas lease on school trust land within the Coal Creek State Forest, which was acquired from the State by the Farmers Union Central Exchange (Cenex). School trust lands are administered by the Department of State Lands (Department), - Page 453 which issued the lease to Cenex. Pursuant to an Annual Operating Plan approved by the Department, Cenex proposes to drill an exploratory well on its leased tract. North Fork Preservation Association (North Fork) has challenged the Departments approval of Cenexs operating plan, alleging that the Department failed to prepare an environmental impact statement on the proposed well as required by law. North Fork filed its complaint in the District Court of the Eleventh Judicial District, Flathead County, and obtained a summary judgment in its favor. The judgment set aside the Departments approval of Cenexs operating plan; issued a writ of mandate directing the Department to prepare an environmental impact statement; and awarded costs, fees and a small money judgment. We reverse, and remand the case to the District Court for entry of judgment in favor of the Department We hold that the District Court incorrectly applied the "clearly erroneous" standard for reviewing the Departments decision and misinterpreted applicable statutory and case law. We further hold that the Departments decision was proper under the correct, "arbitrary, capricious or unlawful" standard of review, and that mandamus was not a proper remedy in this case, as mandamus is not available to compel a discretionary act
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