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NORTH FORK PRES. v. DEPT. OF STATE LANDS

No. 88-516.

778 P.2d 862 (1989)

NORTH FORK PRESERVATION ASSOCIATION, Plaintiff and Respondent, v. DEPARTMENT OF STATE LANDS, a Department of the State of Montana, Defendant and Appellant, and Farmers Union Central Exchange (Cenex), Intervenor and Appellant.

Supreme Court of Montana.

Decided August 22, 1989.

Rehearing Denied September 14, 1989.

Attorney(s) appearing for the Case

Tommy H. Butler argued, Dept. of State Lands, Helena, Doug James argued, Moulton, Belligham, Longo & Mather, Billings, Dana L. Christensen, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for appellants.

Jon L. Heberling argued, McGarvey, Heberling, Sullivan & McGarvey, Andrew Bittker argued, Kalispell, for plaintiff and respondent.

McDONOUGH, Justice.

This appeal involves an oil and gas lease on school trust land within the Coal Creek State Forest, which was acquired from the State by the Farmers Union Central Exchange (Cenex). School trust lands are administered by the Department of State Lands (Department), which issued the lease to Cenex. Pursuant to an Annual Operating Plan approved by the Department, Cenex proposes to drill an exploratory well on its leased tract. North Fork Preservation...

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