Park County Stockgrowers Ass’n v. State

In 2011, partners of the Interagency Bison Management Plan decided to expand the territory in the Gardiner basin in which bison were allowed to naturally migrate. That decision was challenged by various petitioners. Park County Stockgrowers Association filed a petition that raised a public nuisance claim, among other claims. That petition was consolidated with another petition, and several other petitioners intervened. Two of the intervenors filed a joint amended petition, which Park County did not join, adding a claim based on changes to Mont. Code Ann. 87-1-216. After a hearing, the district court rejected all of the claims and dismissed all of the petitions. Park County appealed, contending that the district court erred in its interpretation of section 87-1-216. Because Park County neither raised a claim based on section 87-1-216 in the proceedings before the district court, nor adopted the arguments of the other petitioners, the Supreme Court affirmed, holding that consolidation did not permit Park County to appeal an issue raised in a separate case by another party. View "Park County Stockgrowers Ass'n v. State" on Justia Law