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PLAA v. BD. OF COUNTY COM'RS

No. DA 12-0312.

321 P.3d 38 (2014)

2014 MT 10

373 Mont. 277

PUBLIC LANDS ACCESS ASSOCIATION, Inc., Petitioner and Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, State of Montana, and C. Ted Coffman, Frank G. Nelson and David Schultz, constituting members of said Commission; and Robert R. Zenker, in his capacity as the County Attorney for Madison County, State of Montana, Respondents and Appellees. James C. Kennedy, Montana Stockgrowers Association and Hamilton Ranches, Inc., Respondent/Intervenor and Cross-Appellant.

Supreme Court of Montana.

Submitted May 15, 2013.

Decided January 16, 2014.

Attorney(s) appearing for the Case

For Appellant: J. Devlan Geddes (argued), Goetz, Gallik & Baldwin, P.C.; Bozeman, Montana.

For Appellees: Susan B. Swimley (argued), Attorney and Counselor at Law; Bozeman, Montana Tara DePuy , Attorney and Counselor at Law; Livingston, Montana.

For Appellee and Cross-Appellant: Colleen M. Dowdall , Worden Thane P.C.; Missoula, Montana, Peter D. Coffman (argued), Matthew T. Parrish , Dow Lohnes PLLC; Atlanta, Georgia.

For Intervenor State of Montana: Timothy C. Fox , Montana Attorney General, Matthew T. Cochenour (argued), Assistant Attorney General; Helena, Montana.

For Amici: Rebecca R. Swandal , Swandal, Douglass & Gilbert, P.C.; Livingston, Montana (Attorney for Property and Environment Center), Matthew O. Clifford , Attorney at Law; Oakland, California (Attorney for Montana Council of Trout Unlimited), Margo B. Ogburn , Wittich Law Firm, P.C.; Bozeman, Montana (Attorney for United Property Owners of Montana).

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Public Lands Access Association, Inc. (PLAA) appeals from a 2012 judgment of the Fifth Judicial District Court, Madison County, denying the public access to the Ruby River at Seyler Lane and Seyler Bridge.

¶ 2 James Kennedy (Kennedy) cross-appeals from a 2008 judgment of the Fifth Judicial District Court, Madison County, granting PLAA summary judgment on the issue of public access to...

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