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SEVEN UP PETE VENTURE v. STATE

No. 03-154.

114 P.3d 1009 (2005)

2005 MT 146

327 Mont. 306

SEVEN UP PETE VENTURE, an Arizona General Partnership, d/b/a Seven Up Pete Joint Venture; Canyon Resources Corporation, a Delaware corporation; Jean Muir; Dr. Irene Hunter; David Muir; Alice Canfield; Tony Palaoro; June E. Roth-Barneson; Amazon Mining Company, a Montana Partnership; Paul Antonioli; Stephen Antonioli, and James E. Hoskins, Plaintiffs and Appellants, v. The STATE of Montana, Defendant and Respondent, Montana Environmental Information Center, Montanans for Common Sense Mining Laws-for I-137, Big Blackfoot Chapter of Trout Unlimited, and Mineral Policy Center, Defendants, Intervenors and Respondents. Seven Up Pete Venture, Petitioner and Appellant, v. The State of Montana, acting by and through its Department of Natural Resources, Respondent and Respondent.

Supreme Court of Montana.

Decided June 8, 2005.

Attorney(s) appearing for the Case

Alan L. Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena, Montana, Sean Connelly and Daniel S. Hoffman (argued), Hoffman, Reilly, Pozner & Williamson, Denver Colorado, for Appellants.

Honorable Mike McGrath, Attorney General; Brian M. Morris (argued), Solicitor, Helena, Montana, for Respondent.

Tommy H. Butler, Special Assistant Attorney General, Helena, Montana, for DNRC.

Ed Hayes and John North, Special Assistant Attorneys General, Helena, Montana, for DEQ.

Karl Englund, Elizabeth Brennan and Jack R. Tuholske, Attorneys at Law, Missoula, Montana, for Intervenors.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Seven Up Pete Venture (the Venture) appeals from the December 9, 2002, order entered by the First Judicial District Court, Lewis and Clark County, whereby the District Court granted summary judgment in favor of the State, denied the Venture's request for judicial review, and affirmed the order of the hearing examiner dated October 26, 2000. We affirm.

¶ 2 We address the following issues...

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