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ADVOCATES FOR SCHOOL TRUST LANDS v. STATE

DA 21-0314.

505 P.3d 825 (2022)

2022 MT 46

ADVOCATES FOR SCHOOL TRUST LANDS, Plaintiff and Appellant, and K.B. and K.B., by and through their parent and general guardian, Plaintiffs, v. The STATE of Montana, Defendant and Appellee, and Montana Farm Bureau Federation, Montana Stockgrowers Association, Montana Water Resources Association, Association of Gallatin Agricultural Irrigators, Intervenors and Appellees.

Supreme Court of Montana.

Decided: March 8, 2022.

Attorney(s) appearing for the Case

For Appellant: Roy H. Andes , Attorney at Law, Driggs, Idaho

For Appellee State of Montana: Austin Knudsen , Montana Attorney General, Christian B. Corrigan , Assistant Solicitor General, Helena, Montana, Rachel K. Meredith , Office of the Governor, Helena, Montana, Emily Jones , Special Assistant Attorney General, Jones Law Firm, PLLC, Billings, Montana.

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

For Amicus Curiae Rural Montana Foundation: William W. Mercer , Matthew H. Dolphay , Holland & Hart LLP, Billings, Montana.

¶1 Appellant Advocates for School Trust Lands (Advocates) challenges the constitutionality of House Bill 286 (HB 286), passed by the 2019 Montana Legislature and codified as § 85-2-441, MCA. Advocates alleges that HB 286 violates the Montana Constitution and the 1889 Enabling Act by...

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