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BLACKTAIL v. DNRC

No. DA 09-0150.

220 P.3d 388 (2009)

2009 MT 345

353 Mont. 149

BLACKTAIL MOUNTAIN RANCH, CO., LLC, Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Defendant and Appellee.

Supreme Court of Montana.

Decided October 20, 2009.

Rehearing Denied November 25, 2009.

Attorney(s) appearing for the Case

For Appellant: Ronald F. Waterman, Julie A. Johnson; Gough, Shanahan, Johnson & Waterman, PLLP; Helena, Montana.

For Appellee: Elizabeth S. Baker; Hughes, Kellner, Sullivan & Alke, PLLP; Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Blacktail Mountain Ranch Co. LLC (Blacktail) appeals from the order of the District Court for the First Judicial District, Lewis and Clark County, granting summary judgment in favor of the Montana Department of Natural Resources and Conservation (DNRC). We affirm.

¶ 2 We consider the following dispositive issue on appeal:

¶ 3 Whether the District Court erred in holding...

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