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Director of the Office of State Lands & Investments v. Merbanco6/6/2003
te lands.
Finally, the state steadfastly clings to its claim that, without final action, no adversity of interests exists. Even a cursory review of this record discloses clear adversity between the parties-the state claiming it has authority to pursue exclusive negotiations for the exchange of lands with one party and the challengers demanding the immediate initiation of public auction proceedings. To require the parties to wrestle this dispute to the ground and obtain a final state action would accomplish little other than the expenditure of additional time and resources potentially in vain.
Even though we conclude the traditional elements of a justiciable controversy exist in this case, we have historically relaxed those requirements in matters of great public interest and importance. Management Council of Wyoming Legislature v. Geringer, 953 P.2d 839, 841 (Wyo. 1998); Memorial Hospital of Laramie County v. Department of Revenue and Taxation of State of Wyoming, 770 P.2d 223 (Wyo. 1989); Brimmer, 521 P.2d 574. In this case, we face important questions of great public interest, and they deserve to be answered. We find the district court's denial of the state's motion to dismiss was well founded and affirm.
B. Does the Constitutional Requirement for Public Auctions Apply to Exchanges?
The reservation lists three separate questions, each arising under Article 18, Sections 1 and 3 of the Wyoming Constitution. Although presented as a series of discrete parts, the question is really singular: Whether the exchange of school lands without public auction violates Article 18, Sections 1 and 3 of the Wyoming Constitution.
In 1890, Wyoming adopted a constitution which accepted the lands granted to it for "educational purposes," "with the conditions and limitations that may be imposed by the act or acts of congress," and required that all such lands granted to it could be " disposed of only at public auction." Wyo. Const. art. 18, § 1 (emphasis added).
Article 18, Section 1 of the Wyoming Constitution provides in relevant part:
The State of Wyoming hereby agrees to accept the grants of lands heretofore made, or that may hereafter be made by the United States to the state, for educational purposes... with the conditions and limitations that may be imposed by the act or acts of congress making such grants or donations. Such lands shall be disposed of only at public auction to the highest responsible bidder, after having been duly appraised by the land commissioners, at not less than three-fourths the appraised value thereof, and for not less than $10 per acre....
In addition, Article 7, Section 13 (emphasis added) of the original constitution provided "the sale of all [school] lands shall be at public auction... at such minimum prices (not less than the minimum fixed by congress) as to realize the largest possible proceeds." That section also established a board to manage the lands granted for school purposes. The original constitution also established a different board in Article 18, Section 3 for the "direction, control, disposition and care" of all lands granted to the state. However, that section did not restrict the manner of disposal or sale of such lands. Likewise, Article 18, Section 3 as amended in 1921 provides for the establishment of a board of land commissioners serving "under direction of the legislature as limited by this constitution" which
shall have direction, control, leasing and disposal of lands of the state granted, or which may be hereafter granted for the support and benefit of public schools, subject to the further limitations that the sale of all lands shall be at public auct
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