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GRENZ v. MONTANA DEPT. OF NATURAL RESOURCES

No. DA 09-0659.

248 P.3d 785 (2011)

2011 MT 17

359 Mont. 154

C.A. GRENZ, Petitioner and Appellee, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Respondent and Appellant, and John and Angela Heitz, Respondents.

Supreme Court of Montana.

Decided February 10, 2011.

Attorney(s) appearing for the Case

For Appellant: Tommy H. Butler (argued), Special Assistant Attorney General, Department of Natural Resources and Conservation, Helena, Montana.

For Appellee: George W. Huss (argued), Brown and Huss, Miles City, Montana.

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 Sixteenth Judicial District Court, Garfield County that invalidated Admin. R.M. 36.25.125(3) (1987). We reverse.

¶ 2 We review the following issues on appeal:

¶ 3 1. Whether the District Court's order for remand constituted a final judgment under M.R.App. P. 6(1).<...

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