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BD. OF REGENTS OF HIGHER EDUC. v. STATE

DA 21-0605.

512 P.3d 748 (2022)

2022 MT 128

BOARD OF REGENTS OF HIGHER EDUCATION of the State of Montana, Petitioner and Appellee, v. The STATE of Montana, BY AND THROUGH Austin KNUDSEN, in his official capacity as Attorney General of the State of Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided: June 29, 2022.

Attorney(s) appearing for the Case

For Appellant: Austin Knudsen , Montana Attorney General, Kristin Hansen , Lieutenant General, David M.S. Dewhirst , Solicitor General, Kathleen L. Smithgall , Assistant Solicitor General, Helena, Montana.

For Appellee: Martha Sheehy , Sheehy Law Firm, Billings, Montana, Ali Bovingdon , MUS Chief Legal Counsel, Helena, Montana, Kyle A. Gray , Brianne C. McClafferty , Emily J. Cross , Holland & Hart LLP, Billings, Montana.

For Amici Curiae: Palmer A. Hoovestal , Hoovestal Law Firm, PLLC, Helena, Montana (for Western Montana Fish & Game Association, Inc.), Logan P. Olson , O'Toole Law Firm, Plentywood, Montana (for Daniels County), Quentin M. Rhoades , Rhoades & Erickson PLLC, Missoula, Montana (for Montana Shooting Sports Association), Alexandria C. Kincaid , Attorney at Law, Emmett, Idaho, Donald E.J. Kilmer, Jr. , Attorney at Law, Caldwell, Idaho (for Second Amendment Foundation, Idaho Second Amendment Alliance, and Madison Society Foundation, Inc.), Greg Overstreet , Overstreet Law Group, Stevensville, Montana (for Rep. Seth Berglee and 81 Legislators), James H Goetz , Jeffrey J. Tierney , Goetz, Geddes & Gardner, P.C., Bozeman, Montana Raph Graybill , Graybill Law Firm, P.C., Great Falls, Montana (for Students, Faculty & University Employees).

¶1 The State of Montana appeals from the December 13, 2021, Judgment and Permanent Injunction issued by the First Judicial District Court, Lewis and Clark County. We restate the issue on appeal as follows:

Whether the Board of Regents of Higher Education possesses the exclusive...

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