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WINCHELL v. DNR

No. 98-417.

972 P.2d 1132 (1999)

1999 MT 11

Thomas WINCHELL and David Winchell, Petitioners and Appellants, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, and Jim Hagemeister, Respondents and Respondents.

Supreme Court of Montana.

Decided January 25, 1999.

Attorney(s) appearing for the Case

Steven S. McPherson; Schneider & Howe, P.C.; Glendive, Montana, for Appellants.

Tommy H. Butler, Special Assistant Attorney General, Montana Department of Natural Resources and Conservation; Helena, Montana, for Respondents.

A. Lance Tonn, Lucas & Tonn, P.C.; Miles City, Montana, for respondent Hagemeister.

REGNIER, Justice.

¶ 1 Appellants, Tom and David Winchell, sought judicial review of the Department of Natural Resources and Conservation's valuation of improvements upon their lease on state land. The Winchells allege that the Department exceeded its statutory authority under § 77-6-306(3), MCA, when it substituted its values for the values established by a panel of arbitrators. Both the Winchells and the Department moved for summary judgement in the Seventh...

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