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PARK COUNTY STOCKGROWERS v. MONTANA

No. DA 13-0165.

320 P.3d 467 (2014)

2014 MT 64

PARK COUNTY STOCKGROWERS ASSOCIATION INC., on behalf of its members, Petitioner, Montana Farm Bureau Federation, Petitioner-Intervenor, v. MONTANA DEPARTMENT OF LIVESTOCK, an agency of the State of Montana; Montana Department of Fish, Wildlife, and Parks, an agency of the State of Montana; State of Montana; Dr. Martin Zaluski, in his capacity as Montana State Veterinarian; and Brian Schweitzer, as Governor of the State of Montana, Respondents, and Bear Creek Council, Greater Yellowstone Coalition, and Natural Resources Defense Council, Respondents-Intervenors. Park County, Petitioner and Appellant, Montana Farm Bureau Federation, Petitioner-Intervenor, v. The State of Montana, Fish, Wildlife and Parks, an agency of the State of Montana; and the Department of Livestock, an agency of the State of Montana, Respondents and Appellees, and Bear Creek Council, Greater Yellowstone Coalition, and Natural Resources Defense Council, Western Watersheds Project and Buffalo Field Campaign, Respondents-Intervenors and Appellees.

Supreme Court of Montana.

Decided March 11, 2014.

Attorney(s) appearing for the Case

For Appellant: Brett D. Linneweber , Park County Attorney, Livingston, Montana.

For Appellees: Timothy C. Fox , Montana Attorney General; Rob Stutz , Assistant Attorney General; Helena, Montana (for Department of Livestock), Rebecca Jakes Dockter , Special Assistant Attorney General; Helena, Montana (for Department of Fish, Wildlife and Parks), Andy Huff ; Governor's Office; Helena, Montana (for State of Montana), Timothy J. Preso , Jennifer Harbine ; Earthjustice; Bozeman, Montana (for Bear Creek Council), Ted Fellman ; Attorney at Law; Arlee, Montana (for Buffalo Field Campaign), Summer Nelson ; Attorney at Law; Missoula, Montana (for Western Watersheds Project).

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Petitioner-Appellant Park County appeals the findings of fact, conclusions of law, and order of the Montana Sixth Judicial District Court, dismissing the County's petition for declaratory judgment. There were several petitioners in the consolidated proceedings before the District Court, but Park County is the lone appellant. Although Park County raises just one issue on appeal, we do not reach the merits...

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