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Public Land/Water Access Assoc., Inc. v. Jones

Public Land/Water Access Assoc., Inc. v. Jones, 2015 MT 299 (Oct. 15, 2015) (Cotter, J.; Rice, J., concurring & dissenting) (4-1, aff’d & rev’d)

Issue: (1) Whether the district court erred in awarding money damages as supplemental declaratory relief; (2) whether the district court erred in failing to consider ownership of the railroad car bridge or its suitability as a bridge in violation of PLWA IV; and on cross-appeal, (3) whether the district court erred by not awarding PLWA reasonable attorney fees and costs.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed (1 & 2), reversed (3) and remanded for attorney fees

Facts: Roger Jones bought Boadle Ranch in 2000, a 4,900-acre ranch in Teton County. Since then, he has prohibited public use of the two main roads transecting the ranch, Boadle Road and Canal Road.…