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GUARDIANS v. WELLS

No. CV-00-0177-PR.

34 P.3d 364 (2001)

201 Ariz. 255

Forest GUARDIANS, and Jonathan D. Tate, Plaintiffs-Appellants, v. J. Dennis WELLS, in his official capacity as Commissioner of the Arizona State Land Department and the Arizona State Land Department, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

November 21, 2001.

Attorney(s) appearing for the Case

Arizona Center for Law in the Public Interest, by Timothy M. Hogan, Jennifer B. Anderson, Phoenix, Attorneys for Plaintiffs-Appellants.

Janet A. Napolitano, Arizona Attorney General, by Theresa M. Craig, Assistant Attorney General, Attorneys for Defendants-Appellees.

Arizona Education Association, by Susan G. Sendrow, Phoenix, Attorneys for Amicus Curiae Arizona Education Association.

OPINION

FELDMAN, Justice.

¶ 1 The State Land Commissioner (Commissioner) denied the applications of Forest Guardians and Jonathan Tate (collectively Plaintiffs), who were the highest bidders for grazing leases on three parcels of land that are part of the state's school land trust, which is administered by the State Land Department (Department). That denial was premised on the conclusion that the statutory scheme did not permit the issuance of grazing...

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