Winchell v. Montana Department of Natural Resources & Conservation

¶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 Judicial District Court, Dawson County. On May 8, 1998, the District Court granted summary judgment in favor of the Department and the Winchells appeal. We…