WATER: Presumption of non-abandonment properly found overcome in establishing volume for small town… PTO properly read more broadly than asserted by Town… McElyea affirmed. [Read more…]
State lands, FWP conservation easement acquisitions
CONSERVATION EASEMENTS: Land Board approval not required for FWP acquisition of more than 100 acres/$100,000… AG Opinion overruled… opinion following expedited order. [Read more…]
FWP conservation easements, Land Board approval
FWP CONSERVATION EASEMENTS: AG Opinion precluding FWP from finalizing easements without Land Board approval overruled. . . full opinion to follow. . . order. [Read more…]
Water, CS&K Compact, legislative approval
WATER: CS&K Water Compact codification and administrative provisions do not enact new sovereign immunities, did not require 2/3 vote of each legislative house… Manley affirmed, reversed. [Read more…]
DUI, ND felony predicate, “inadequate record”
DUI: State had burden to prove ND DUI qualified for felony enhancement, “inadequate record” as to whether it was BAC or “under influence” not competent proof… Moses reversed. [Read more…]
Illegal aliens/attorney fees, LR 121
ILLEGAL ALIENS/ATTORNEY FEES: Immigrant association which includes Mexicans with permanent residence has standing to challenge LR 121 which requires denial of state-funded services to “illegal aliens”… LR 121 properly found preempted by federal law… $127,660.80 attorney fees improperly awarded under erroneous interpretation of Svee… Sherlock affirmed, reversed. [Read more…]