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FRIENDS OF THE WILD SWAN v. DNRC

No. 04-862.

127 P.3d 394 (2005)

2005 MT 351

330 Mont. 186

FRIENDS OF THE WILD SWAN, a Montana Nonprofit Corporation, Plaintiff and Appellant, v. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, and Montana Board of land Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided December 29, 2005.

Attorney(s) appearing for the Case

Andrew J. Nelson, Smith & Thiel Law Offices, Timothy Bechtold, Rossbach Hart Bechtold P.C., Missoula, Montana, for Appellant.

Tommy Butler and Mark Phares, Special Assistant Attorneys General, Department of Natural Resources and Conservation, Helena, Montana, for Respondents.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Friends of the Wild Swan appeals from the order of the First Judicial District Court granting summary judgment in favor of Respondents Department of Natural Resources and Conservation and the Board of Land Commissioners. We affirm.

¶ 2 We restate the issue on appeal as follows:

¶ 3 Does § 77-1-202, MCA, require the Board of Land Commissioners to conduct a harvest...

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