MONTANANS FOR SCHOOL TRUST v. DARKENWALD

No. 04-027.

119 P.3d 27 (2005)

2005 MT 190

MONTANANS FOR the RESPONSIBLE USE OF the SCHOOL TRUST, Plaintiff and Appellant, v. Scott DARKENWALD, Treasurer of the State of Montana; State Board of Land Commissioners, Montana Board of Investments, and Bud Clinch, Director of the Department of Natural Resources & Conservation, Defendants and Respondents.

Supreme Court of Montana.

Submitted February 8, 2005.

Decided August 9, 2005.

Rehearing Denied September 6, 2005.


Attorney(s) appearing for the Case

Roy H. Andes (argued), Attorney at Law, Helena, Montana, for Appellant.

Tommy H. Butler (argued), Special Assistant Attorney General, Montana Department of Natural Resources and Conservation, Helena, Montana Hon. Mike McGrath, Attorney General; Candace West, Assistant Attorney General, Helena, Montana, for Respondents.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellant Montanans for the Responsible Use of the School Trust (Montrust) alleges that parts of the statutory scheme for administering the school trust lands violate the Montana Constitution and the Enabling Act. Montrust appeals from an order entered by the First Judicial District Court, Lewis and Clark County, granting judgment to Respondents, Scott Darkenwald, in his representative capacity as Treasurer...

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