Winchell v. State, Department of State Lands

Appellants, Thomas J. (Tom) and David Winchell, leased land from the Department of State Lands (Department). Following the Department’s cancellation of their lease and the Board of Land Commissioners’ adoption of that decision, the Winchells petitioned for judicial review in the Seventh Judicial District Court, Dawson County. The District Court affirmed the decision. The Winchells appeal to this Court. We affirm.

The sole issue raised on appeal is whether sufficient grounds existed to justify the cancellation of State Lease No. 0343 for mismanagement pursuant to § 77-6-113, MCA.

In 1981, the…