WIRT v. IDL/Land Board/BNSF


An updated outline and eventual description of the #No2ndBridge, state court case, with links to pertinent documents, drawn from the electronic, online, Idaho judicial records system, iCourt: Select “Smart Search,” enter “Wild Idaho Rising Tide” and the captcha code, and click “Submit,” then the case number CV09-18-1084.

Wild Idaho Rising Tide (WIRT), petitioner, versus David Groeschl, Idaho Department of Lands (IDL) former director, Chris Bromley, IDL hearing officer, and Idaho State Board of Land Commissioners (land board), (state) respondents, and Burlington Northern Santa Fe (BNSF) Railway, intervenor

July 20, 2018: WIRT filed a Notice of Appeal of Final Order of Approval of Encroachment Permit L-96-S-0096E to Applicant BNSF, as a new appeal or petition for judicial review (civil case type L3), with filing fees and a posted, cash bond of $500, in Idaho first district court in Sandpoint, Bonner County, initiating active and pending case number CV09-18-1084.

July 25, 2018: First district judge Barbara Buchanan issued a notice of proposed case dismissal and an order striking the WIRT notice of appeal.

August 7, 2018: WIRT filed a request for a filing extension for an amended notice of appeal and petition for judicial review of the final order of approval of encroachment permit L-96-S-0096E to applicant BNSF.

August 15, 2018: First district judge Barbara Buchanan issued an order granting the WIRT request for a filing extension.

August 20, 2018: Retained, case lead attorney Angela Schaer Kaufmann and retained attorney Joy Vega, both of the Idaho attorney general office, filed their notice of appearance for state respondents.

September 4, 2018: WIRT filed an Amended Notice of Appeal & or Petition for Judicial Review, a request for a signed, verbatim transcript of the May 23, 2018, IDL/land board hearings, as exhibit A of the amended notice of appeal, and retained, case lead attorney Wendy Jordan Earle filed a notice of appearance for the petitioner.

September 18, 2018: WIRT filed a motion to disqualify judge Barbara Buchanan.

September 20, 2018: IDL filed a notice of lodging of the May 23, 2018, IDL/land board hearings transcripts and the agency record.

September 21, 2018: The first district court issued an order to disqualify judge Barbara Buchanan.

September 28, 2018: The first district court issued an order of case administrative reassignment to judge Meyer.

October 3, 2018: The first district court issued orders of case administrative reassignment to judge Gaskill, then to current case judicial officer, judge John Judge.

October 11, 2018: IDL filed a notice of its filing of the agency record and transcripts, including an exhibit list/log with a record table of contents, the incomplete agency record, the BNSF, joint application for permits, signed, verbatim transcripts of the May 23, 2018, morning and evening, IDL/land board hearing sessions, and a BNSF project promotional video.

October 29-31, 2018: Permit holder BNSF filed a motion and a memorandum in support of its motion to intervene in the case.

November 5, 2018: State respondents filed a notice of non-opposition to BNSF intervention.

November 7, 2018: Judge John Judge held a telephonic scheduling conference at 10 am, among petitioner, respondent, and intervenor attorneys present at the hearing, resulting in out-of-county court minutes.

November 8, 2018: Judge John Judge issued an order granting BNSF’s motion to intervene and an order setting the briefing schedule and oral arguments for 11 am on March 1, 2019, in Coeur d’Alene.

December 13-17, 2018: WIRT filed the Petitioner’s Opening Brief on Judicial Review and six supporting, case law exhibits.

December 18, 2018: BNSF filed a request for an expedited, status conference hearing, and WIRT filed a response in opposition to the BNSF motion to expedite, a declaration of Wendy Earle in support of the WIRT response in opposition, and a notice of holiday unavailability of the petitioner’s counsel.

December 20, 2018: Judge John Judge held a telephonic, expedited, status conference at 11 am, among petitioner, respondent, and intervenor attorneys present at the hearing, resulting in court minutes.

January 4, 2019: Judge John Judge issued an amended order setting the briefing schedule and telephonic, oral arguments on state and BNSF motions to dismiss the case, for 10 am on February 8, 2019.

January 11, 2019: The state filed a motion to dismiss and a memorandum and an affidavit of Angela Schaer Kaufmann in support of its motion.  BNSF filed a motion to dismiss and a memorandum, a declaration of Maria Gamboa, and a certificate of the Idaho secretary of state in support of its motion.

January 30 to February 5, 2019: WIRT filed the Petitioner’s Consolidated Response in Objection to Motions to Dismiss, a motion to strike the motions to dismiss, a motion to supplement WIRT’s opening brief, and declarations of Wendy Earle, Melissa Frolander Hawkins, Sue Koller, Pat Rathmann, and Helen Yost in support of WIRT’s response to motions to dismiss.

February 5, 2019: The state filed a motion and a memorandum in support of striking and objecting to the WIRT motion to supplement, and a motion to shorten time on requesting oral arguments on these motions.  BNSF filed a reply brief in support of its motion to dismiss and an objection to alleged new material submitted by WIRT.

February 8, 2019: Judge John Judge heard telephonic, oral arguments on BNSF, state, and WIRT motions in support and objection to dispositive motions at 10 am, among petitioner, respondent, and intervenor attorneys, with two WIRT board members listening to the hearing, resulting in court minutes.

3 thoughts on “WIRT v. IDL/Land Board/BNSF

  1. Pingback: #No2ndBridge Regional Talks | Wild Idaho Rising Tide

  2. Pingback: Wild Idaho Rising Tide: #No2ndBridge Regional Talks, March 5-10th – Rising Tide North America

  3. Pingback: #No2ndBridge Comment Deadline, Hearings, Petitions, & WIRT Celebration | Wild Idaho Rising Tide

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