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DEPT. OF NATURAL RES. & CONS. v. ABBCO INV.

No. DA 11-0759.

285 P.3d 532 (2012)

2012 MT 187

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, and Montana Board of Land Commissioners, Plaintiffs and Appellants, v. ABBCO INVESTMENTS, LLC, et al., Defendants and Appellees, Boyd A. Hardy, Shirley J. Hardy, Hard Investments, L.P., Nickie E. Roth, Counter-Claimants and Appellees, v. Montana Department of Natural Resources and Conservation, and Montana Board of Land Commissioners, Counter-Defendants and Appellants.

Supreme Court of Montana.

Decided August 28, 2012.

Attorney(s) appearing for the Case

For Appellants: Tommy H. Butler , Melissa A. Hornbein ; Special Assistant Attorneys General, Department of Natural Resources and Conservation, Helena, Montana.

For Appellees: (No Appellees' brief filed.).

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Appellants Montana Department of Natural Resources and Montana Board of Land Commissioners (collectively, "the State") appeal several portions of the Seventh Judicial District Court's summary judgment order in the State's quiet title action. We reverse and remand.

¶ 2 We address the following issues on appeal:

¶ 3 1. Whether the District Court erred by declaring that islands...

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