State v. White
2012 ND 67
| N.D. | 2012Background
- DRC appeals PSC approval of Falkirk’s permit revision changing 86 acres from agricultural to recreational use within a wildlife management area plan, as part of a land transfer to NDDOT for state highway mitigation.
- Falkirk sought to move approximately 730 acres to NDDOT; NDDOT/Game and Fish planned wildlife management use and local farming on portions.
- DRC requested a hearing in April 2010 alleging 86 acres in the wildlife area should remain cropland.
- MClean County, NDDOT, and Game and Fish sought to intervene; PSC granted intervention and held a public hearing in July 2010.
- PSC affirmed its conditional approval; the district court affirmed the PSC order; DRC appeals to the Supreme Court.
- The Supreme Court affirms the district court’s judgment validating the PSC order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recreational use can be a higher or better postmining use | DRC says agriculture is always higher/better | PSC denies hierarchy, permits recreational use | Yes; agricultural not always higher; order affirmed |
| Whether PSC’s conclusions are supported by its findings | Findings rely on improper justifications | Findings support decision | Yes; conclusions supported by findings |
| Whether bond liability and public-benefit rationale justify the revision | Revision aimed at land transfer; reduces bond | Public benefits justify recreation use | Yes; PSC findings demonstrate public benefits and bond considerations support revision |
Key Cases Cited
- Industrial Contractors, Inc. v. Workforce Safety & Ins., 2009 ND 157 (ND 2009) (standard of review for agency decisions; detailed statutory interpretation rule)