INITIATIVE: BI 2 to revised property taxation properly rejected for violation of separate-vote requirement… Opinion & Order. [Read more…]
Discrimination, advocacy group’s retaliation claim
DISCRIMINATION: Supervisory control of Seeley’s dismissal of advocacy group’s retaliation claim against City for lack of standing denied… order. [Read more…]
Water, presumption of municipal abandonment
WATER: §85-2-227(4) presumption of municipal nonabandonment procedural, not impermissibly applied retroactively… properly applied as to 7.35 cfs of creek, objector failed to rebut… City improperly found to have abandoned .6 cfs in light of “growing communities” doctrine… challenge to place-of-use restrictions fails for lack of notice AG… Tucker affirmed, reversed. [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]