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AFE, INC. v. DEPT. OF NAT. RESOURCES AND CONSERV.

No. 03-587.

97 P.3d 553 (2004)

2004 MT 230

322 Mont. 429

ADVOCATES FOR EDUCATION, INC., Plaintiff and Appellant, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Montana Board of Land Commissioners and The State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided August 24, 2004.

Attorney(s) appearing for the Case

For Appellant: Richard C. Hegger, Somers, Montana.

For Respondents: Mike McGrath, Montana Attorney General, Candace F. West, Assistant Attorney General, Tommy H. Butler, Mark C. Phares, Special Assistant Attorneys General, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 In June of 2002, Advocates for Education (AFE) brought suit, in the Eleventh Judicial District Court, Flathead County, seeking a judicial declaration. The defendants moved to dismiss and the District Court granted the motion. AFE appeals and we affirm.

¶ 2 We restate the issue on appeal as follows: Whether the District Court correctly dismissed AFE's complaint.

FACTUAL AND PROCEDURAL...

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