ACLPIArizona Center for Law in the Public Interest
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ACLPI argued the preference right effectively offered the leases for more than ten years, and hence ran afoul of the Enabling Act's requirements that long-term leases not be offered without advertisement.
Although ACLPI documented a low number of competitive grazing lease auctions and a high tendency to return a lease to the existing lessee at renewal, the State argued that neither of those facts demonstrated that the State could increase its revenues with competitive bidding or that the trustee was breaching its obligations.
(138) ACLPI attorney Tim Hogan, encouraged by the recent supreme court ruling, was surprisingly nonchalant, commenting that "it looks like we've got another struggle on our hands." (139)