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SCHOOL TRUST v. STATE EX REL. BD. OF COM'RS

No. 98-535.

989 P.2d 800 (1999)

1999 MT 263

MONTANANS FOR THE RESPONSIBLE USE OF THE SCHOOL TRUST, Plaintiff, Respondent, and Cross-Appellant, v. STATE of Montana, ex rel. BOARD OF LAND COMMISSIONERS and Department of Natural Resources and Conservation, Defendants, Appellants, and Cross-Respondents.

Supreme Court of Montana.

Submitted May 27, 1999.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Tommy H. Butler (argued), Special Assistant Attorney General, Montana Department of Natural Resources & Conservation, Helena, Montana, for Appellants.

Roy H. Andes (argued), Attorney at Law, Missoula, Montana, for Respondent.

David J. Dietrich (argued); Dietrich Law Offices, Billings, Montana, for Montana Leaseholders Association.

Mark L. Stermitz, Montana Appleseed Center for Law & Justice, Missoula, Montana, Amicus.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The State of Montana (hereafter, the State), appeals from the judgment and order of the First Judicial District Court, Lewis and Clark County. Respondent Montanans for the Responsible Use of the School Trust (hereafter, Montrust) cross-appeal the judgment of the District Court.

¶ 2 We affirm in part and reverse in part.

¶ 3 The parties raise the following issues:

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