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STEFFEN v. DEPARTMENT OF STATE LANDS

No. 86-179.

724 P.2d 713 (1986)

John STEFFEN, Plaintiff and Appellant, v. DEPARTMENT OF STATE LANDS, Board of Land Commissioners, Dennis Hemmer, Commissioners of State Lands, Defendants and Respondents.

Supreme Court of Montana.

Decided September 9, 1986.

Attorney(s) appearing for the Case

Gough, Shanahan, Johnson and Waterman, Jock O. Anderson, Helena, for plaintiff and appellant.

Lyle Manley, Helena, for defendants and respondents.

WEBER, Justice.

Mr. Steffen appeals a decision of the District Court for Lewis and Clark County. The court affirmed the decision of the Department of State Lands (Department) that by subletting grazing land leased from the State, Mr. Steffen had lost his preference right to renew the lease. We reverse.

The issue is whether the denial of Mr. Steffen's preference right was unlawful.

In 1972 Mr. Steffen was issued a 10-year state lease on a 640 acre tract...

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