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ID WATERSHEDS PROJ. v. BD. OF LAND COM'RS

No. 21774.

918 P.2d 1206 (1996)

128 Idaho 761

The IDAHO WATERSHEDS PROJECT, INC., Plaintiff-Appellant, v. STATE BOARD OF LAND COMMISSIONERS, Comprised of Phil Batt, Governor, Pete T. Cenarrusa, Secretary of State, Alan G. Lance, Attorney General, J.D. Williams, State Controller, and Anne C. Fox, Superintendent of Public Instruction, all in their official capacities, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 1996 Term.

June 20, 1996.

Attorney(s) appearing for the Case

Debra Kronenberg, Ketchum, for appellant.

Alan G. Lance, Attorney General; Stephanie A. Balzarini, Deputy Attorney General (argued), Boise, for respondents.

McDEVITT, Chief Justice.

This case involves two competing applications to lease 640 acres of public land owned by the State of Idaho and located in Custer County. The public land in controversy is a section of land that was granted to the State of Idaho by the United States for the support of the common schools. The State Board of Land Commissioners (Board) was created by article IX, section 7 of the Idaho Constitution, for the purpose of directing, controlling, and...

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