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HOHENLOHE v. STATE, DEPT. OF NAT. RESOURCES

No. DA 09-0429.

240 P.3d 628 (2010)

2010 MT 203

357 Mont. 438

Christian C. HOHENLOHE and Nora R. Hohenlohe, Petitioners and Appellees, v. STATE of Montana, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Respondent and Appellant.

Supreme Court of Montana.

Submitted May 11, 2010.

Decided September 21, 2010.

Attorney(s) appearing for the Case

For Appellant: Anne W. Yates (argued) and Kevin R. Peterson , Department of Natural Resources and Conservation, Helena, Montana.

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

For Amicus: Stan Bradshaw , Attorney at Law, Helena, Montana (MT Trout Unlimited) Barbara Hall , Attorney at Law, Missoula, Montana (MT Water Trust) Hertha L. Lund , Wittich Law Firm, P.C., Bozeman, Montana (MT Farm Bureau Federation).

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Montana Department of Natural Resources and Conservation (Department) appeals from an order of the First Judicial District Court, Lewis and Clark County, ordering the Department to grant the change of use application filed by Christian and Nora Hohenlohe (Hohenlohes). We reverse and remand to the Department for further proceedings consistent with this opinion.

¶ 2 We review the following...

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