United States Ninth Circuit

Dismissal of a complaint seeking to have Montana's Stream Access Law declared unconstitutional is affirmed, as a claim that the statute precluded property owners from excluding others from their property is analyzed as a Fifth Amendment takings claim.

Appellate Information

• Argued 11/06/2002
• Decided 12/23/2002
• Published 12/23/2002

Judges

• Before TROTT, T.G. NELSON and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• S. Amanda Koehler,Mountain States Legal Foundation, Denver, CO, for the appellants.


• For Appellees:
  
• Brian M. Morris, Soliciter, Montana Department of Justice, Helena, MT, for the defendants-appellees., James H. Goetz, Bozeman, MT, for the intervenors-appellees.