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LOHMEIER v. STATE, DEPT. OF NATURAL RESOUR. AND CONSERVATION

No. DA 07-0374.

192 P.3d 1137 (2008)

2008 MT 307

346 Mont. 23

James C. LOHMEIER, Sandy McManus and Roselee Faust, Plaintiffs and Appellees, v. STATE of Montana, Montana DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, and Utility Solutions, LLC, Defendants and Appellants.

Supreme Court of Montana.

Decided September 3, 2008.

Attorney(s) appearing for the Case

For Appellant Montana Department of Natural Resources and Conservation: Britt T. Long, Tim D. Hall, Candace F. West, Anne W. Yates, Special Assistant Attorneys General, Helena, Montana.

For Appellant Utility Solutions, LLC: Matthew Williams, Williams & Jent, PLLP, Bozeman, Montana Donald D. MacIntyre, Attorney at Law, Helena, Montana.

For Appellees: Arthur V. Wittich, Frederick P. Landers, Jr., Hertha L. Lund, Wittich Law Firm, P.C., Bozeman, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶1 Montana's Department of Natural Resources and Conservation (DNRC) and Utility Solutions (US) appeal the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of plaintiffs and appellees, Lohmeier, McManus and Faust (the Lohmeiers), and denying summary judgment for the defendants, DNRC and US. We reverse.

¶2 The Lohmeiers sought a declaratory...

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