GALT v. DEPT. OF FISH, WILDLIFE & PARKS

No. 87-255.

749 P.2d 1089 (1988)

Jack E. GALT, Louise R. Galt, Phil Rostad, Robert E. Saunders, Clarence Edward (Ted) Lucas, James Bottomly, J. Harrison Saunders, Jake Frank, Franklin Grosfield, and Lowell E. Hildreth, Plaintiffs and Respondents, v. STATE of Montana, acting By and Through the DEPARTMENT OF FISH, WILDLIFE AND PARKS, Defendant and Appellant.

Supreme Court of Montana.

Decided February 11, 1988.


Attorney(s) appearing for the Case

Poore, Roth & Robinson, Urban L. Roth (argued), Butte, Bob Lane, Dept. of Fish, Wildlife & Parks, Helena, for defendant and appellant.

Harrison, Loendorf & Poston, Philip W. Strope (argued), Helena, for plaintiffs and respondents.

Mike Greely, Atty. Gen., Helena, Joe Roberts, Asst. Atty. Gen., Helena, for amicus curiae.


GULBRANDSON, Justice.

Appellant/defendant State of Montana (the State) appeals a District Court award of $21,080 in attorneys' fees made to respondent/plaintiffs Galt et al. (Galt). Galt brought this action pursuant to the Uniform Declaratory Judgments Act, § 27-8-101 through § 27-8-313, MCA, and sought an order declaring House Bill 265, the "Stream Access Bill," § 23-2-301 et seq., MCA (1985), unconstitutional as a taking of private property without...

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