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BUHMANN v. STATE

No. 05-473.

201 P.3d 70 (2008)

2008 MT 465

348 Mont. 205

Bruce BUHMANN, Shirley Buhmann, Circle Eagle Game Farm, Len Wallace, Pamela Wallace, and Big Velvet Ranch, Plaintiffs and Appellants, v. STATE of Montana, Mike McGrath, and Jeff Hagener, Defendants and Appellees, 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: Arthur V. Wittich (argued), Wittich Law Firm, P.C., Bozeman, Montana, Richard M. Stephens (argued), Groen, Stephens & Klinge, LLP, Bellevue, Washington.

For Appellees: Hon. Mike McGrath, Montana Attorney General, Chris D. Tweeten, (argued), Assistant Attorney General, Helena, Montana.

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

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

¶ 1 Bruce and Shirley Buhmann (Buhmanns), owners and operators of the Circle Eagle Game Farm, and Len and Pamela Wallace (Wallaces), owners and operators of the Big Velvet Ranch, appeal an order of the First Judicial District Court which denied their takings claims under the Fifth Amendment to the U.S. Constitution and Article II, Section 29 of the Montana Constitution. These claims alleged that the...

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