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SKYLINE SPORTSMEN v. BD. OF LAND COM'RS

No. 96-668.

951 P.2d 29 (1997)

SKYLINE SPORTSMEN'S ASSOCIATION, Anaconda Sportsmen's Club, Montana Action For Access Association, and Coalition for Appropriate Management of State Lands, Plaintiffs and Appellants, v. BOARD OF LAND COMMISSIONERS; Department of Natural Resources and Conservation; and Governor Marcracicot; Joseph P. Mazurek, Attorney General; Mike Cooney, Secretary of State; Nancy Keenan, Superintendent of Public Instruction; and Mark O'Keefe, State Auditor; in their capacities as Members of the State Land Board, Defendants and Respondents. MONTANANS FOR THE RESPONSIBLE USE OF THE SCHOOL TRUST, Intervenors, v. SKYLINE SPORTSMEN'S ASSOCIATION, et al., and Board of Land Commissioners, et al., Defendants in Intervention.

Supreme Court of Montana.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Brian M. Morris (argued), Goetz, Madden & Dunn, Bozeman, for Plaintiffs and Appellants.

Tommy Butler (argued) and Richard E. Bach, Special Assistant Attorneys General, Helena, Roy H. Andes (Intervenor) (argued), Missoula, for Defendants and Respondents.

TURNAGE, Chief Justice.

The District Court for the First Judicial District, Lewis and Clark County, granted Defendants' motion for summary judgment and denied Plaintiffs' request for a preliminary injunction, dismissing a challenge to a proposed land exchange between the Board of Land Commissioners and Turner Enterprises, Inc. We vacate and remand.

The dispositive issue is whether the District Court erred by granting summary judgment because Plaintiffs raised...

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