FORTNER v. BROADWATER CONSERVATION DIST.

DA 20-0391.

495 P.3d 425 (2021)

2021 MT 240

Tracy FORTNER and Marcy Fortner, Petitioners and Appellants, v. BROADWATER CONSERVATION DISTRICT, Respondent and Appellee.

Supreme Court of Montana.

Decided: September 21, 2021.


Attorney(s) appearing for the Case

For Appellants: Hertha L. Lund , Christopher T. Scoones , Ben F. Stormes , Lund Law, PLLC, Bozeman, Montana.

For Appellee: Cory J. Swanson , Broadwater County Attorney, Townsend, Montana.


¶1 Tracy and Marcy Fortner appeal a First Judicial District Court decision upholding a declaratory ruling by the Broadwater Conservation District determining that Montana Gulch is a "stream" subject to the regulatory provisions of The Natural Streambed and Land Preservation Act...

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