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CITY OF LIVINGSTON v. PARK CONSERVATION

No. DA 13-0121.

307 P.3d 317 (2013)

2013 MT 234

The CITY OF LIVINGSTON, Montana, Petitioner and Appellant, v. PARK CONSERVATION DISTRICT, Respondent and Appellee, v. Heart K. Ranch, Intervenor.

Supreme Court of Montana.

Decided August 20, 2013.

Attorney(s) appearing for the Case

For Appellant: Bruce E. Becker , Livingston City Attorney, Livingston, Montana.

For Appellee: Donald D. MacIntyre , Attorney at Law, Helena, Montana Brett Linneweber , Park County Attorney, Livingston, Montana.

For Intervenor: Karl Knuchel , Erik Coate , Attorneys at Law, Livingston, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The City of Livingston appeals from the District Court's "Order Affirming Decision of PCD" [Park Conservation District], filed January 7, 2013. We affirm.

¶ 2 On appeal the City contends that the District Court erred in upholding the PCD's decision that a certain channel adjacent to the Yellowstone River is part of the natural watercourse of the Yellowstone River and therefore subject...

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