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CONFEDERATED SALISH AND KOOTENAI TRIBES v. CLINCH

No. 04-042.

158 P.3d 377 (2007)

2007 MT 63

336 Mont. 302

CONFEDERATED SALISH AND KOOTENAI TRIBES, Petitioners and Respondents, v. Bud CLINCH, Director, Montana Department of Natural Resources and Conservation, and The Department of Natural Resources and Conservation, Respondents and Appellants.

Supreme Court of Montana.

Decided March 12, 2007.

Rehearing Denied May 25, 2007.

Attorney(s) appearing for the Case

For Appellants: Tim D. Hall (argued), Department of Natural Resources and Conservation, Helena, Montana.

For Respondents: John B. Carter (argued), Tribal Legal Department, Pablo, Montana, James H. Goetz (argued), Goetz, Gallik & Baldwin, P.C., Bozeman, Montana.

For Amici Curiae: Harley R. Harris (argued), Helena, Montana (Heart of Sky Ranch, et al.), Donald D. MacIntyre, Helena, Montana (Lake County Commissioners), Terryl T. Matt and David Gordon, Browning, Montana (Blackfeet Tribe), John M. Shontz, Helena, Montana (Northwest Montana Association of Realtors), Michael S. Kakuk, Helena, Montana (Montana Legislators).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Bud Clinch, Director of the Montana Department of Natural Resources and Conservation (DNRC), and the DNRC appeal from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of the Confederated Salish and Kootenai Tribes (Tribes). We reverse and remand for further proceedings.

¶ 2 We consider the following...

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