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GROUSE MOUNTAIN ASSOC. v. PSC

No. 96-383.

943 P.2d 971 (1997)

GROUSE MOUNTAIN ASSOCIATES, LTD, d/b/a Grouse Mountain Lodge, Plaintiff/Petitioner and Respondent, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, MONTANA PUBLIC SERVICE COMMISSION, Defendant/Respondent and Appellant, Rocky Mountain Transportation, Inc., Intervenor and Appellant.

Supreme Court of Montana.

Submitted May 1, 1997.

Decided July 18, 1997.

Rehearing Denied August 15, 1997.

Attorney(s) appearing for the Case

Martin Jacobson, Special Assistant Attorney General, Montana Public Service Commission, Helena, for Defendant/Respondent and Appellant.

Bradley J. Luck, Lucy T. France, Garlington, Lohn & Robinson, Missoula, for Intervenor and Appellant.

Debra D. Parker, Murphy, Robinson, Heckathorn & Phillips, Mikel L. Moore, Christensen, Moore & Cockrell, Kalispell, for Plaintiff/Petitioner and Respondent.

HUNT, Justice.

Appellant Montana Public Service Commission (PSC) and Intervenor/Appellant Rocky Mountain Transportation, Inc., (Rocky Mountain) appeal from the decision issued by the Eleventh Judicial District Court, Flathead County, reversing upon judicial review PSC's declaratory ruling that Grouse Mountain Lodge (Grouse Mountain) is a "motor carrier" subject to PSC regulation.

We affirm the District Court.

There are two issues for our review:

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