(DOWNLOAD) "Jurisich v. Jenkins" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Jurisich v. Jenkins
- Author : Supreme Court of Montana
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This action for preliminary injunction addresses the scope of authority granted to the Secretary for the Louisiana Department of Wildlife and Fisheries (Secretary) with respect to the renewal of oyster leases as provided by La.R.S. 56:428. At issue is the question of whether the Secretary may refuse to renew oyster leases unless the oyster lessees agree to the inclusion of an onerous condition which was not part of their original lease agreements. In particular, the lease renewals were made contingent upon the inclusion of a clause which made the oyster leases "subservient to navigation, maintenance of navigation, and all normal, usual and permissible mineral and oil field activity which has been sanctioned by the State of Louisiana through a prior existing lease, permit, or contract." We reverse the lower courts denial of the preliminary injunction and remand. We find no authority for the Secretarys actions, and further find the clause at issue was against the spirit and contrary to the Secretarys legislative mandate in La.R.S. 56:425 (C), to "make such stipulations [clauses] in the leases . . . as he deems necessary and proper to develop the [oyster] industry." (emphasis added).