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Shokal v. Dunn

707 P.2d 441 (1985)

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Shokal v. Dunn

Idaho Supreme Court

707 P.2d 441 (1985)

Facts

Trout Co. (defendant) applied for a permit to use water from Billingsley Creek for a fish farm and power generation that would take about 80 percent of the flow out of a 700-foot stretch. Edward Shokal and other locals (the protestants) (plaintiffs) filed numerous objections, and the state of Idaho and its Department of Fish and Game intervened. After the Idaho Department of Water Resources (Water Resources) held a hearing, director Kenneth Dunn (defendant) granted the application. When the protestants petitioned for review, the district court reversed and remanded for rehearing regarding the local public interest. Water Resources conditionally granted the permit based on Trout Co. meeting water-quality, effluent-control, and monitoring requirements but directed Trout Co. to submit new design and construction plans. The protestants objected to the procedure and Trout Co.’s new plans and petitioned for another rehearing. Water Resources nonetheless granted the permit, and the protestants filed new protests. A second district court judge again reversed and remanded with specific guidelines for assessing the local public interest. Trout Co. and the protestants cross-appealed.

Rule of Law

Issue

Holding and Reasoning (Bistline, J.)

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