Advice on Contested Cases
I read that your September issue will deal with Conservation District lands, so it is timely to discuss “contested cases.” The best way for local community organizations to object to the Board of Land and Natural Resources approving a Conservation District Use Application is to request a contested case. In this quasi-judicial proceeding, the community group can act as the advocate for our environment, presenting testimony and evidence showing why the development will be detrimental to the conservation district.
Under a series of Supreme Court decisions, community organizations are liberally granted standing to be parties in such contested cases. The court has recognized the importance of aesthetic and environmental interests, and has allowed environmental groups to challenge administrative actions. These groups protect our environment.
Cynthia Thielen
Attorney
Volume 1, Number 3 September 1990