Legal Opinion
Kootenai Environmental Alliance, Inc. v. Panhandle Yacht Club, Inc.
Idaho Supreme Court
Decided November 2, 1983No. 13390PublishedCited by 35 opinions
1Opinion
ON REHEARING
(The previously filed opinion is hereby withdrawn)
HUNTLEY, Justice.
By this appeal we are asked to determine whether the “public trust doctrine” precludes a grant by the Idaho Department of Lands of a lease to a private club for the construction, maintenance and use of private docking facilities on a bay in a navigable lake.
This appeal further raises the issue of whether the Idaho Lake Protection Act is violative of the public trust doctrine.
In April, 1978, an application for a permit to make an encroachment on Lake Coeur d’Alene was filed with the Department of Lands by Ewing…
Also in this document: Concurrence.
2Cases cited15 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
- People v. California Fish Co.California Supreme Court · 1913
- City of Berkeley v. Superior CourtCalifornia Supreme Court · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
- Colman v. Utah State Land BoardUtah Supreme Court · 1990
- Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
- In Re the Contested Case Hearing on Water Use, Well Construction, & Pump Installation Permit Applications, Filed by Wai'ola O Moloka'i, Inc.Hawaii Supreme Court · 2004
- Parks v. CooperSouth Dakota Supreme Court · 2004
30 more not listed; retrieve them via the Exa API.