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BRANSON SCHOOL DIST. RE-82 v. ROMER

No. 97-1158.

161 F.3d 619 (1998)

BRANSON SCHOOL DISTRICT RE-82, Pritchett School District Re-3, Springfield Public Schools District RE-4, and Kandace Sue Spurling and Brooke Ilene Spurling, by and through their parents, David Earl Spurling and Lona Sue Spurling, Plaintiffs-Appellants, v. Roy ROMER, Governor of the State of Colorado, and Robert Mailander, Thomas W. Swanson, and Charles A. Vidal, in their official capacities as members of the Colorado State Board of Land Commissioners, Defendants-Appellees, Citizens to Save Colorado's Public Trust Lands, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 20, 1998.

Attorney(s) appearing for the Case

Evan S. Lipstein, Lipstein & Mortimer, Denver, Colorado (Charles E. Mortimer Jr., Lipstein & Mortimer, and John Berry, with him on the briefs), for appellants.

Patricia S. Bangert, Director of Legal Policy, Colorado Department of Law (Gale A. Norton, Cheryl A. Linden, and William E. Thro, Office of Attorney General of Colorado, with her on the brief), for appellees.

David R. Eason, Berenbaum, Weinshienk & Eason, Denver, Colorado, and Richard W. Daily, Powers Phillips, Denver, Colorado, for amicus curiae Citizens to Save Colorado's Public Trust Lands, in support of appellees.

Before ANDERSON, EBEL and HENRY, Circuit Judges.

EBEL, Circuit Judge.

This case presents the question of whether the voters of a state may alter the management principles guiding the state's trusteeship of public lands without violating the terms of a century-old trust established by Congress when the state entered the Union. Because we find that the recent changes made in the management of Colorado's land trust for public schools conform to the trust restrictions created by Congress in 1875, we hold that "Amendment...

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