Rayburne v. Queen

I concur in affirmance of the district court’s judgment but believe the following comment should be made.

The board derives its authority from both constitutional provision and legislative act, but the constitutional authority is paramount. Hence, any appeal taken from the board’s decision by virtue of legisla*371tive direction must not contravene constitutional precept. It follows that the legislative grant of an appeal to the district court from a decision of the board to lease or refuse to lease the State’s public lands, must be interpreted in the light of the constitutional mandate and so as…