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CITIZENS FOR BALANCED USE v. MAURIER

No. DA 12-0306.

303 P.3d 794 (2013)

2013 MT 166

CITIZENS FOR BALANCED USE; Sen. Rick Ripley; Valley County Commissioners, Dustin Hofeldt; Vicki Hofeldt; Ken Hansen; Jason Holt; Sierra Stoneberg Holt; Rose Stoneberg; United Property Owners of Montana; and Missouri River Stewards, Plaintiffs and Appellees, v. Joseph MAURIER; Montana Department of Fish, Wildlife & Parks; and Montana Fish, Wildlife & Parks Commission, Defendants and Appellants, and Defenders of Wildlife and National Wildlife Federation, Defendant Intervenors and Appellants.

Supreme Court of Montana.

Submitted April 16, 2013.

Decided June 19, 2013.

Attorney(s) appearing for the Case

Zachary C. Zipfel (argued), Rebecca Jakes Dockter (argued), Special Assistant Attorneys General, Helena, Montana (For Joseph Maurier , MT Dept. of FWP, and MT FWP Commission), Timothy J. Preso (argued), Earthjustice, Bozeman, Montana (For Defenders of Wildlife and National Wildlife Federation), for Appellants.

Chad E. Adams (argued), J. Daniel Hoven , Steven T. Wade , Christy S. McCann; Browning, Kaleczyc, Berry & Hoven, PC, Helena, Montana, for Appellees.

Ryan C. Rusche , Attorney at Law, Poplar, Montana, for Amicus.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Joseph Maurier; Montana Department of Fish, Wildlife & Parks; Montana Fish, Wildlife & Parks Commission (hereafter referred to collectively as DFWP); Defenders of Wildlife; and National Wildlife Federation, intervenors, appeal from the District Court's Order Granting Preliminary Injunction. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 This case arises from the...

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