Voigt v. N.D. Public Service Commission, et al.
Docket Info
- Title
- Casey Voigt, Appellant
v.
North Dakota Public Service Commission and Coyote Creek
Mining Company, L.L.C., Appellees - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2015-CV-01056
South Central Judicial District, Burleigh County
Bruce A. Romanick
Highlight
Section 38-14.1-21, N.D.C.C., provides for surface coal mining permit approval and denial standards, including protection for statutorily-defined "alluvial valley floors," certain types of valleys with special importance to farming.
In reviewing an administrative agency's findings of fact, courts determine only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record.
Courts generally defer to an administrative agency's reasonable interpretation of its own regulations when the language is so technical that only a specialized agency has the experience and expertise to understand it or when the language is ambiguous.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/29/2016 | NOTICE OF APPEAL : 01/26/2016 | |
2 | 01/29/2016 | Corrected Notice of Appeal | |
3 | 02/01/2016 | NOT. OF FILING NOT. OF APPEAL AND CORRECTED NOTICE OF APPEAL AND PROOF OF SERV. | |
4 | 02/01/2016 | Notice served on Derrick L. Braaten, Illona A. Jeffcoat-Sacco, & Brian R. Bjella | |
5 | 02/08/2016 | Transcripts of Administrative Agency Hearings dated December 19, 2014, | |
6 | 02/08/2016 | December 23, 2014, January 2, 2015, and January 2, 2015 (part 2)(emailed) | |
7 | 02/29/2016 | ELEC. RECORD ON APPEAL DATED FEBRUARY 26, 2016 (ENTRY NOS.1-202) | |
8 | 03/02/2016 | MOT. EXT/TIME APPELLANT BRIEF & Affidavit of Braaten | |
9 | 03/02/2016 | E-FILED MOTION | |
10 | 03/02/2016 | E-mail indicating no objection to motion by Appellees | |
11 | 03/02/2016 | ACTION BY CLERK - Granted : 04/05/2016 | |
12 | 03/03/2016 | AMENDED ELEC. RECORD ON APPEAL DATED MARCH 2, 2016 (ENTRY NOS.1-147, 149-202) | |
13 | 03/03/2016 | (NOT SENT: 148) | |
14 | 03/30/2016 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 29, 2016 (ENTRY NOS. 204-205) | |
15 | 03/30/2016 | Received by U.S. Mail docket entry 204 (DVD) | |
16 | 04/05/2016 | APPELLANT BRIEF | View |
17 | 04/05/2016 | E-FILED BRIEF | |
18 | 04/05/2016 | APPELLANT APPENDIX | |
19 | 04/05/2016 | E-FILED APPENDIX | |
20 | 04/07/2016 | AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2016 (ENTRY NOS. 203-206) | |
21 | 04/12/2016 | Received non-substantive corrections to ATB & ATA | |
22 | 04/14/2016 | Received $178.50 e-filing surcharge for ATB & ATA (receipt #24345) | |
23 | 04/14/2016 | Received non-substantive correction to ATA (not of appeal/spec of errors to dc) | |
24 | 04/19/2016 | Received 7 copies of ATB & 6 copies of ATA from CSD | |
25 | 04/21/2016 | JOINT MOT. EXT/TIME APPELLEE BRIEF & STIPULATION (PSC & Coyote Creek) | |
26 | 04/21/2016 | E-FILED MOTION | |
27 | 04/22/2016 | ACTION BY CLERK - Granted : 06/06/2016 | |
28 | 06/06/2016 | APPELLEE BRIEF (Coyote Creek Mining Company LLC) | View |
29 | 06/06/2016 | E-FILED BRIEF (Coyote Creek Mining Company LLC) | |
30 | 06/06/2016 | APPELLEE BRIEF (Public Service Commission) | View |
31 | 06/06/2016 | E-FILED BRIEF | |
32 | 06/07/2016 | Received $25 e-filing surcharge for Public Service Commission AEB (receipt #24457) | |
33 | 06/08/2016 | Received $25 e-filing surcharge for Coyote Creek Mining Company LLC (receipt #24459) | |
34 | 06/09/2016 | Received 7 copies of AEB from CSD (Public Service Commission) | |
35 | 06/08/2016 | APPELLEE APPENDIX (Coyote Creek Mining Company LLC) | |
36 | 06/08/2016 | E-FILED APPENDIX (Coyote Creek Mining Company LLC) | |
37 | 06/14/2016 | Rec'd 7 copies of AEB & 6 copies of AEA from CSD (Coyote Creek Mining Company LLC) | |
38 | 06/17/2016 | MOT. EXT/TIME REPLY BRIEF | |
39 | 06/17/2016 | E-FILED MOTION | |
40 | 06/17/2016 | ACTION BY CLERK - Granted : 06/24/2016 | |
41 | 06/24/2016 | REPLY BRIEF | View |
42 | 06/24/2016 | E-FILED BRIEF | |
43 | 06/29/2016 | Rec'd 7 copies of RYB from CSD | |
44 | 07/12/2016 | NOTICE OF ORAL ARGUMENT SENT | |
45 | 09/28/2016 | APPEARANCES: Derrick Braaten and J.J. England/Brian Bjella/Illona Jeffcoat-Sacco | |
46 | 09/28/2016 | ARGUED: Braaten/Bjella/Jeffcoat-Sacco | |
47 | 09/28/2016 | ORAL ARGUMENT WEBCAST | |
48 | 03/24/2017 | ANNOUNCED DISQUALIFICATION : Tufte, Jerod E. | |
49 | 03/24/2017 | SITTING WITH THE COURT : Sandstrom, Dale V. | |
50 | 03/30/2017 | DISPOSITION | |
51 | 03/30/2017 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
52 | 03/30/2017 | Costs on appeal taxed in favor of appellee | |
53 | 03/31/2017 | Judgment Sent to Parties | |
54 | 04/28/2017 | MANDATE | |
55 | 05/01/2017 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
56 | 07/29/2022 | EXPUNGED - Nonpermanent record items destroyed |