Beiarn and Bardu have a genuine need for clarification of whether the Mountain Act applies in the municipalities
Supreme Court ruling 6 June 2023, HR-2023-1044-A (case no. 22-053284SIV-HRET), civil case, appeal against order.
I. The State represented by the Ministry of Agriculture and Food, Statskog SF (The Office of the Attorney General represented by Anders Blakstvedt) (Assisting counsel Henrik Vaaler) v. Beiarn municipality, Bardu municipality (Counsel Lasse Gommerud Våg), USS (intervener) (Counsel Caroline Lund)
II. Beiarn municipality, Bardu municipality (Counsel Lasse Gommerud Våg), USS (intervener) (Counsel Caroline Lund) v. The State represented by the Ministry of Agriculture and Food (The Office of the Attorney General represented by Anders Blakstvedt) (Assisting counsel Henrik Vaaler)
Two municipalities in northern Norway have brought a case against the State and Statskog SF, contending that the Mountain Act applies to state land in Nordland and Troms. The Supreme Court found, like the Court of Appeal, that the municipalities had a sufficient legal interest in the case, see section 1-3 of the Dispute Act. It was assumed that the municipalities could represent the citizens in the matter, and that the issue of legal interest had to be decided after an overall assessment. In the individual assessment, it was considered decisive that the case involved an issue of principle, and that it was unlikely that the issue could be significantly better clarified through other types of action. It was also stressed that the State had taken a stand on the matter and that new legislation in the area had been delayed. The appeal against the Court of Appeal's ruling was dismissed.
Read the whole order (Norwegian only)
Area of law: Civil procedure. Section 1-3 of the Dispute Act.
Key paragraphs: 67, 70, 77, 84–86
Justices: Webster, Matheson, Østensen Berglund, Sæther og konstituert dommer Elsheim