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LYMAN CREEK, LLC v. CITY OF BOZEMAN

DA 19-0112.

450 P.3d 872 (2019)

2019 MT 243

LYMAN CREEK, LLC, a Montana Limited Liability Company, Plaintiff and Appellant, v. CITY OF BOZEMAN, Defendant and Appellee.

Supreme Court of Montana.

Decided: October 15, 2019.

Attorney(s) appearing for the Case

For Appellant: Jack G. Connors , Jacqueline R. Papez , Doney Crowley P.C., Helena, Montana.

For Appellee: Peter G. Scott , Peter G. Scott , Law Offices, PLLC, Bozeman, Montana.

For Amicus Curiae: Meg K. Casey , Laura S. Ziemer , Patrick A. Byorth , Trout Unlimited, Bozeman, Montana

¶1 Lyman Creek, LLC (Lyman) appeals an order of the Eighteenth Judicial District Court, Gallatin County, granting City of Bozeman's (City) motion to dismiss.

¶2 We affirm. We restate the dispositive issue as follows: Does § 85-2-114, MCA, of the Montana Water Use...

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