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SKILLMAN v. DEPARTMENT OF STATE LANDS

No. 80-47.

613 P.2d 1389 (1980)

Ed SKILLMAN, Plaintiff and Appellant, v. The DEPARTMENT OF STATE LANDS of the State of Montana; the Board of Land Commissioners and James R. Foster, Defendants and Respondents.

Supreme Court of Montana.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Harrison, Loendorf & Poston, Helena, for appellant.

David Woodgerd, Dept. of State Lands, Helena, H.A. Bolinger, Bozeman, for respondents.

HARRISON, Justice.

Respondent Ed Skillman petitioned the District Court for judicial review of a decision by the State Board of Land Commissioners to renew a lease of state land to James R. Foster. The Board of Land Commissioners had renewed the lease after finding that Foster had a preference right. The District Court held the Board of Land Commissioners erred in renewing the lease. The court remanded the case to the Board with directions to cancel the Foster lease...

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