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OSTBY v. BOARD OF OIL AND GAS CONSERVATION

No. DA 13-0750.

324 P.3d 1155 (2014)

2014 MT 105

Anne Debovoise OSTBY, Andrew James Ostby, Petitioners and Appellants, v. BOARD OF OIL AND GAS CONSERVATION OF the STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided April 22, 2014.

Attorney(s) appearing for the Case

For Appellants: Anne Debevoise Ostby , Attorney at Law, Dagmar, Montana.

For Appellee: Robert Stutz , Assistant Attorney General, Montana Board of Oil and Gas Conservation, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Anne and Andrew Ostby appeal from the District Court's order of September 10, 2013, dismissing their petition for judicial review. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 The Legislature established the Montana Board of Oil and Gas Conservation with broad authority to issue permits to drill for oil and gas and to regulate those activities. Section 82-11-111, MCA...

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