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KAFKA v. MONTANA DEPT. OF FWP

No. 05-146.

201 P.3d 8 (2008)

2008 MT 460

348 Mont. 80

Kim J. KAFKA and Cindy R. Kafka, Individually and as Husband and Wife; and as members of Diamond K Ranch Enterprises LLC, a Montana Limited Liability Company, Plaintiffs and Appellants, and Jack Bridgewater and Myra Bridgewater, Individually and as members of Phantom Bull Elk Ranch LLC, and Jim Bouma and Barbara Bouma, Plaintiff-Intervenors and Appellants, v. The MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS, and The State of Montana, Defendants and Appellees, and Sportsmen for I-143, Montana Wildlife Federation, Defendant-Intervenors and Appellees.

Supreme Court of Montana.

Submitted June 20, 2007.

Decided December 31, 2008.

Rehearing Denied February 10, 2009.

Attorney(s) appearing for the Case

For Appellants: John E. Bloomquist (argued), Abigail J. St. Lawrence, Doney Crowley Bloomquist Payne Uda P.C., Helena, Montana.

For Plaintiff-Intervenors and Appellants: Ward E. Taleff, Taleff Law Office, P.C., Great Falls, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Chris D. Tweeten (argued), Assistant Attorney General, Helena, Montana, Robert N. Lane, Montana Department of Fish, Wildlife and Parks, Helena, Montana.

For Defendant-Intervenors and Appellees: Jack R. Tuholske (argued), Sarah K. McMillan, Tuholske Law Office, P.C., Missoula, Montana.

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

¶ 1 Appellants Kim and Cindy Kafka, Jack and Myra Bridgewater, and Jim and Barbara Bouma appeal an order of the Twelfth Judicial District Court denying their takings claims against the state of Montana and the Department of Fish, Wildlife and Parks (FWP), an agency of the state of Montana. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Appellants in this case are all owners...

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