KOOTENAI ENVIRON. ALLIANCE v. PANHANDLE YACHT

No. 13390.

671 P.2d 1085 (1983)

105 Idaho 622

KOOTENAI ENVIRONMENTAL ALLIANCE, INC., Appellant, v. PANHANDLE YACHT CLUB, INC., State Board of Land Commissioners and Department of Lands, Respondents, PANHANDLE YACHT CLUB, INC., Cross-Appellant, v. STATE BOARD OF LAND COMMISSIONERS and Dept. of Lands, Cross-Respondents.

Supreme Court of Idaho.

November 2, 1983.


Attorney(s) appearing for the Case

Scott W. Reed and Sue Solomon Flammia, Coeur d'Alene, for appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Don A. Olowinski, and L. Mark Riddoch, Deputys Attys. Gen., Boise, Samuel Eismann, Coeur d'Alene, for respondents.


ON REHEARING

(The previously filed opinion is hereby withdrawn)

HUNTLEY, Justice.

By this appeal we are asked to determine whether the "public trust doctrine" precludes a grant by the Idaho Department of Lands of a lease to a private club for the construction, maintenance and use of private docking facilities on a bay in a navigable lake.

This appeal further raises the issue of whether the Idaho Lake Protection Act is violative of the public...

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