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PPL MONTANA, LLC v. STATE

No. DA 08-0506.

229 P.3d 421 (2010)

2010 MT 64

355 Mont. 402

PPL MONTANA, LLC, a Delaware Limited Liability Company, Plaintiff and Appellant, v. STATE of Montana, Defendant and Appellee.

Supreme Court of Montana.

Submitted October 27, 2009.

Decided March 30, 2010.

Attorney(s) appearing for the Case

For Appellant: Robert L. Sterup, Kyle Ann Gray, Holland & Hart LLP, Billings, Montana, Paul J. Lawrence (argued), K & L Gates LLP, Seattle, Washington.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Anthony Johnstone (argued), Solicitor, Helena, Montana.

For Amici Association of Gallatin Agricultural Irrigators: David L. Weaver, Nash, Zimmer, Weaver & Grigsby, Bozeman, Montana.

For Amici Montana Water Resources Association: Holly Jo Franz (argued), Franz & Driscoll, Helena, Montana.

For Amici Montana Farm Bureau Federation: Hertha L. Lund, Arthur V. Wittich, Wittich Law Firm, P.C., Bozeman, Montana.

For Amici School Trust Representatives: Pamela D. Bucy, Harley R. Harris, Luxan & Murfitt, PLLP, Helena, Montana.

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

¶ 1 On June 13, 2008, the First Judicial District Court entered findings of fact and conclusions of law in a cause of action between PPL Montana, LLC (PPL), and the State of Montana (State). The District Court ordered PPL to pay the State $40,956,180 for its use of state-owned riverbeds from 2000 through 2007, at PPL hydroelectric power sites on the Missouri, Madison, and Clark Fork rivers. We affirm...

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