Prairie County Cooperative State Grazing District v. Kalfell Ranch, Inc.

887 P.2d 241, 269 Mont. 117, 51 State Rptr. 1488, 1994 Mont. LEXIS 297
CourtMontana Supreme Court
DecidedDecember 22, 1994
Docket94-347
StatusPublished
Cited by12 cases

This text of 887 P.2d 241 (Prairie County Cooperative State Grazing District v. Kalfell Ranch, Inc.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prairie County Cooperative State Grazing District v. Kalfell Ranch, Inc., 887 P.2d 241, 269 Mont. 117, 51 State Rptr. 1488, 1994 Mont. LEXIS 297 (Mo. 1994).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

The Prairie County Cooperative State Grazing District (District) appeals from a judgment entered by the Seventh Judicial District Court, Prairie County, affirming a decision by the Board of Natural Resources and Conservation (BNRC) which reversed, in part, a decision of the District. Kalfell Ranch, Inc. (Kalfell) cross-appeals from the court’s determination that the BNRC’s failure to address certain of its claims constituted an implied denial of the claims and the court’s affirmance of that denial on the merits. We affirm on both the appeal and the cross-appeal.

The District raises the following issue on appeal:

[120]*120Is § 76-16-414, MCA, rather than § 76-16-403, MCA, applicable in this case?

Kalfell raises the following issue on cross-appeal:

Whether the District Court erred in determining that, by failing to address claims raised by Kalfell, the BNRC in effect denied them and in denying them on the merits?

FACTUAL AND PROCEDURAL BACKGROUND

The District is a cooperative state grazing district authorized and organized under Title 76, Chapter 16, of the Montana Code Annotated, known as the Montana Grass Conservation Act (Act). It was organized in the 1930s and has operated continuously since that time. The District includes lands owned by private entities (such as the Burlington Northern Railway or its subsidiaries); state lands (such as school trust lands); and federal lands under the jurisdiction of the Bureau of Land Management (BLM). Large portions of the lands within the District are controlled by the BLM, although leased to the District.

Kalfell, a ranch corporation, is a member of the District. Members receive grazing preferences under the provisions and procedures of the Act. Grazing preferences are rights to obtain grazing permits from a state grazing district; they are measured in animal unit months (AUMs). A permit is evidence of grazing privileges granted by such a district.

Originally, most of the livestock grazing within the District was done in common pastures. Over time, particularly in the 1950s and 1960s and in large part as a result of BLM actions in administering lands under its control, individual fenced units came into being on which District members grazed their livestock. Leases of federal lands were granted in the names of the permittee and the District. Leases of state lands ultimately were in the names of the permittees. Fencing agreements were executed between the various permittees and BLM. Thus, over the years, many of the lands within the District changed from common use to individual use; a limited number of common pastures remained. Some permittees had lands within their individual pasture which consisted primarily of federal lands; others had portions of federal, state and private lands.

The lands involved in this case were privately owned by Glacier Park Company (Glacier), a subsidiary of Burlington Northern Railway, and leased by the District. Twenty-six District permittees exercised grazing preferences on the Glacier lands. In 1989, Glacier [121]*121decided to sell these lands and cancelled its leases with the District. The District elected not to purchase the lands. It asked Glacier to first offer the lands for sale to the permittees within whose fenced units the lands were located; if the permittee did not purchase it, the land should be offered next to a neighbor of the permittee and, finally, the land should be offered for sale to the general public.

Glacier acquiesced in the District’s request. Twenty-five of the twenty-six permittees exercising grazing preferences on the Glacier lands purchased the land within their respective fenced unit. Kalfell was unable to purchase the approximately six and one-half sections of Glacier land located within its pastures. Glacier subsequently sold that land to a neighbor of Kalfell.

Because of the District’s loss of the six and one-half sections of Glacier land on which 7,828 grazing preferences — out of a total of 124,890 — were exercised, the District could not provide the affected permittees with sufficient land upon which to exercise the entirety of their grazing preferences. As a result, the permittees could not exercise some of their grazing preferences; Kalfell was unable to use 966 of its grazing preferences or AUMs.

The District’s board of directors tendered monetary compensation to the twenty-six affected permittees, purportedly pursuant to § 76-16-414(2), MCA. The compensation per AUM was approximately $5.72, and the total compensation offered to each permittee varied, depending on the number of AUMs each could no longer use.

Twenty-five of the twenty-six affected permittees accepted the District’s offer of compensation. Kalfell, which was unable to use the second highest number of AUMs, did not accept the $5,526.97 tendered by the District’s board of directors.

Kalfell requested a hearing before the District. It contended that the loss of the Glacier lands must be shared by all members of the District and not borne solely by the twenty-six directly affected members. It argued that § 76-16-403, MCA, providing for a proportionate reduction of all members’ grazing privileges, was the applicable statute and that the District’s board of directors had erred in proceeding under § 76-16-414, MCA. It also alleged in pertinent part that the board of directors breached its fiduciary duty in failing to purchase the Glacier land, failed to enforce statutes and rules which prohibit competitive bidding, and failed to collect the value of, and compensate it for, improvements made to Glacier lands.

After a hearing in which testimony and exhibits were received, the District issued its Decision of Board on August 11, 1992. It deter[122]*122mined that the board of directors had acted properly in applying § 76-16-414, MCA, and that the compensation offered to Kalfell was the appropriate remedy. It rejected Kalfell’s claims that the board of directors was obligated to purchase the Glacier (or substitute) land and to collect the value of, and compensate Kalfell for, improvements to the Glacier land. It indirectly addressed Kalfell’s claim that the board of directors failed to follow statutes and rules which prohibit competitive bidding by focusing on the undisputed fact that the transactions by which Glacier disposed of its lands were private sales over which the District had no control.

Kalfell appealed to the BNRC pursuant to § 76-16-109, MCA. Pursuant to that statute, the BNRC heard oral argument but neither requested nor received additional testimony or exhibits. The BNRC’s Opinion and Order reversed the District’s conclusion that § 76-16-414, MCA, was applicable. The BNRC concluded that, when the District was unable to meet the needs of those holding grazing preferences because of the sale of the Glacier lands, it was obligated by § 76-16-403, MCA, to proportionately reduce all grazing preferences. The BNRC rejected Kalfell’s claim that the District was required to purchase either the Glacier land or other grazing land sufficient to meet the assigned grazing preferences; it did not address Kalfell’s claims relating to competitive bidding and compensation for its improvements to the Glacier land.

The District petitioned, and Kalfell cross-petitioned, for judicial review of the BNRC’s Opinion and Order. The District Court upheld the BNRC’s conclusion that § 76-16-403, MCA, is applicable.

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Cite This Page — Counsel Stack

Bluebook (online)
887 P.2d 241, 269 Mont. 117, 51 State Rptr. 1488, 1994 Mont. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prairie-county-cooperative-state-grazing-district-v-kalfell-ranch-inc-mont-1994.