WATER: Declaratory ruling on hydrological connectivity between river and creek charged by seepage improperly denied… McKinnon reversed. [Read more…]
Water, Teton River diversion
WATER: Certification to Water Court, injunctive relief, in challenge to Commissioner’s diversion of Teton River improperly denied… McKinnon reversed. [Read more…]
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]
Defense verdict, malicious pros, deed restriction
VERDICT: Defense, malicious prosecution, abuse of process arising from action to enforce deed restriction. [Read more…]
Riverbeds, dam rentals, $40,956,180 judgment
RIVERBEDS are public trust lands, not school lands… $40,956,180 judgment against PPL for use of riverbeds at Missouri, Madison, Clark Fork hydro sites 2000-07 affirmed… Honzel affirmed, reversed. [Read more…]
Water, untimely permit processing
WATER: DNRC failed to uphold duty to process permit application within timeframes, but mandamus not available until applicant proves criteria satisfied, improperly issued… J. Brown reversed. [Read more…]