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MONTANA WILD. ASS'N v. BD. OF H. & E. SCIENCES

No. 13179.

559 P.2d 1157 (1976)

THE MONTANA WILDERNESS ASSOCIATION, and Gallatin Sportsmen's Association, Inc., Plaintiffs and Respondents, v. THE BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES of the State of Montana and the Department of Health and Environmental Sciences of the State of Montana, Defendants and Appellants, and Beaver Creek South, Inc., a corporation, Intervenor and Appellant.

Supreme Court of Montana.

Decided December 30, 1976.

Attorney(s) appearing for the Case

G. Steven Brown, argued, Helena, for defendants and appellants.

Dzivi, Conklin, Johnson & Nybo, William P. Conklin, argued, Great Falls, for intervenor and appellant.

James H. Goetz, argued, Bozeman, for plaintiffs and respondents.

Steven J. Perlmutter, argued, Richard M. Weddle, Helena, Donald R. Marble, Chester, Anderson, Symmes, Forbes, Peete & Brown, Billings, for amicus curiae.

CASTLES, Justice.

This is an action by the Montana Wilderness Association and the Gallatin Sportsmen's Association, Inc., for declaratory and injunctive relief against a proposed subdivision development in Gallatin County known as Beaver Creek South. The district court of Lewis and Clark County entered summary judgment (1) that the environmental impact statement on the proposed subdivision was void, (2) ordering reinstatement of the prior sanitary restrictions on...

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