STREAMBED: No jurisdiction by Conservation District to enforce Streambed Act on private property in Glacier Park… DeSoto affirmed (memorandum). [Read more…]
Subdivision, corrected Opinion as to public notice
SUBDIVISION: Opinion re-issued to correct statement that County does not dispute that Planning Department failed to provide public notice… Order. [Read more…]
Subdivision, County exemption regulations
SUBDIVISION: County’s regulations require public notice of exemption applications… Lint reversed. [Read more…]
Subdivision, RV park conditional approval
SUBDIVISION: Conditional approval of preliminary plat for RV park upheld… Cuffe affirmed. [Read more…]
Water, WCA/UDJA attorney fees
WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Floodplain, glamping resort on river island
FLOODPLAIN: Challenges to permit for glamping resort on river island properly rejected… Ohman affirmed. [Read more…]
Opencut mining, preliminary injunction
OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
Right to know, mining Bad Actor litigation
RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [Read more…]
Water bottling plant, permits violated MEPA
WATER BOTTLING PLANT: Residents have standing to challenge permits… permits violated MEPA… remanded to correct deficiencies in EA… Eddy. [Read more…]
County road abandonment, landowners’ abutment
COUNTY ROAD ABANDONMENT: Decision to abandon part of road over landowners’ protest properly found on petition for writ of review to be supported by substantial evidence that road did not abut Plaintiffs’ property… Wald affirmed. [Read more…]