Bostwick Properties, Inc. v. Montana Department of Natural Resources & Conservation

¶55 In Bostwick I, Justice Nelson and I expressed dismay and concern over the Department’s unfair treatment of Bostwick:

DNRC’s quick action would be commendable if it hadn’t been taken to rectify DNRC’s earlier malfeasance and to short-circuit a court’s review of that malfeasance. Then, when Bostwick asked to be heard about the denial, DNRC obliged Bostwick by setting a hearing in front of the same official who had written the DNRC’s opinion denying the permit. Whether the DNRC was attempting to be humorous or capricious, I do not know, but on its face this raises potential due process…