United Plainsmen Association v. North Dakota State Water Conservation Commission
North Dakota Supreme Court
247 N.W.2d 457 (1976)
- Written by Curtis Parvin, JD
Facts
The United Plainsmen Association (the association) (plaintiff) filed an action in the district court to enjoin the North Dakota State Water Conservation Commission (the commission) (defendant) from issuing further water permits for power and energy facilities until the commission developed a comprehensive short- and long-term plan for water conservation and development. The association relied on both North Dakota statutory law and the public-trust doctrine. The commission moved to dismiss the association’s complaint, asserting that the association failed to state a claim upon which relief could be granted. The district court granted the motion, and the association appealed to the North Dakota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Pederson, J.)
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