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Voigt v. N.D. Public Service Commission, et al.

Docket No. 20160046
Oral Argument: Wednesday, September 28, 2016 9:30am

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
2017 ND 76892 N.W.2d 149
Oral Argument 9/28/2016

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.


Briefs

Filing Date Description
04/05/2016 APPELLANT BRIEF View
06/06/2016 APPELLEE BRIEF (Coyote Creek Mining Company LLC) View
06/06/2016 APPELLEE BRIEF (Public Service Commission) View
06/24/2016 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Derrick Lance Braaten - 06394
APPELLEE ATT. GENERAL OFFICE Illona A Jeffcoat-Sacco - 03315
APPELLANT PRIVATE PRACTICE JJ William England - 08135
APPELLEE PRIVATE PRACTICE Brian R Bjella - 03549

(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