Bitterroot River Protection and Fwp, v. Bitterroot Conservation District, et al
DA 06-0520
·Direct Appeal ·Civil ·Closed
Docket
DA 06-0520
Type
Direct Appeal — Declaratory Judgment
Classification
Civil
Outcome
Affirmed in part, reversed in part
Lower court case
DV-03-476
Lower court judge
Hon. Ted L. Mizner
Key dates
Closed
Jan 2, 2009
Classified
Aug 15, 2007
Appeal filed
Jul 17, 2006
Record filed
Nov 22, 2006
Oral argument
Oct 10, 2007
Briefing ended
Mar 12, 2007
Opinion issued
Nov 17, 2008
Briefing started
Nov 22, 2006
Rehearing denied
Dec 31, 2008
Sent to the court
Mar 13, 2007
Rehearing requested
Dec 2, 2008
Submitted for decision
Oct 10, 2007
Appellant Reply Brief Filed
Mar 12, 2007
Appellant Opening Brief Filed
Nov 22, 2006
Appellee Response Brief Filed
Jan 22, 2007
Calculated
from the docket dates
Appeal filed to briefing start
128
Briefing days
110
Briefing start to opening brief filed
0
Classified to Opinion
460
Close of briefing to sent to court
0
Filing date to Opinion
854
Filing date to closed
900
Opening to response
60
Opinion to closed
46
Oral argument to Opinion
403
Response to reply
49
Sent to court to classified
154
Sent to court to oral argument
211
Submitted for decision to Opinion
614
Tags
Affirmed in part, reversed in part
Amicus granted
Amicus requested
Closed
Oral Argument
Published opinion
Rehearing denied
Rehearing requested
Parties
Appellee
Bitterroot Conservation District, a political subdivision of the State of Montana
Represented by
Donald D. MacIntyre
Opinion
Bitterroot River Protection and Fwp, v. Bitterroot Conservation District, et al, 2008 MT 377Affirmed in part, reversed in part on November 17, 2008, in a 7 to 0 published opinion.
Events
most recent first
Fees - Photocopy Fees Received
Jun 26, 2023
2:42 PM
Fees
Notice - Outgoing - Photocopy Fee Due
Jun 7, 2023
3:35 PM
Notice - Outgoing
Event - Case Closed
Jan 2, 2009
2:42 PM
Closing Notice
Record - DC Record Returned to District Court
Jan 2, 2009
2:42 PM
Record
Notice - Outgoing - Remittitur Issued
Jan 2, 2009
2:27 PM
Closing Notice
Order - Deny-Petition for Rehearing
Dec 31, 2008
3:57 PM
Order - Petition for Rehearing Denied
Response/Objection - Rehearing (FWP) copies to Court
Dec 17, 2008
10:41 AM
Response
Response/Objection - Rehearing. (BRPA) copies to Court
Dec 17, 2008
10:37 AM
Response
Order - Grant; each Appellant may file a single document objecting to both petitions for rehearing, with word limit of 3,500
Dec 16, 2008
4:10 PM
Order - Other
Motion - Unopposed - Motion for each Appellant to file one document with word limit of 3,500 words in response to two separate petitions for rehearing. copies to Court
Dec 5, 2008
4:00 PM
Motion
Notice - Outgoing - Appearance Fee Paid
Dec 2, 2008
4:01 PM
Notice - Outgoing
Fees - Appearance Fee Received
Dec 2, 2008
4:00 PM
Fees
Petition - Rehearing (Babcock, Bitterroot Springs, etc) holding for objection
Dec 2, 2008
2:03 PM
Petition
Petition - Rehearing. (Marnell Carrao) holding for objection
Dec 2, 2008
11:34 AM
Petition
Opinion - Published - Rice, affirmed in part, reversed in part and remanded
Nov 17, 2008
2:28 PM
Opinion
Notice - Outgoing - Appearance Fee Due
Nov 17, 2008
2:19 PM
Notice - Outgoing
Event - Oral Argument Presented
Oct 10, 2007
4:16 PM
Event
Order - Ravalli County Commissioners need not be present at the oral argument set on 10/10/07
Sep 19, 2007
3:36 PM
Order - Other
Motion - Unopposed - Third Party Defendants' Motion to be relieved of Appearance and Brief in Support. copies to Court
Sep 12, 2007
10:10 AM
Motion
Notice - Outgoing - Oral Argument Scheduled
Aug 15, 2007
2:33 PM
Notice - Outgoing
Order - Classified - Oral Argument is set for Wednesday, 10/10/07, at 1:30 p.m. The Hon. Dorothy McCarter, District Judge, will sit in the place of Justice Leaphart who has recused himself
Aug 15, 2007
2:15 PM
Classifying Notice
Event - Case Sent to Court
Mar 13, 2007
3:37 PM
Classifying Notice
Brief - Appellant Reply (Bitterroot River Protective Assoc.)
Mar 12, 2007
4:27 PM
Appellant Reply Brief
Brief - Appellant Reply (Dept. of Fish, Wildlife and Parks)
Mar 12, 2007
3:36 PM
Appellant Reply Brief
Notice - Incoming - Errata to peining brief of FWP
Mar 12, 2007
9:33 AM
Notice - Incoming
Brief - Amicus (MSGA, MWRA, SWMSGA, CMSGA)
Jan 31, 2007
11:27 AM
Amicus Brief
Order - Grant; motion for leave to file amicus curiae brief (MSGA, MWRA, SWMSGA, CMSGA) is hereby granted
Jan 31, 2007
11:24 AM
Order - Other
Notice - Incoming - Errata to Amicus Brief of MSGA, et al. (Brief not accepted for filing as yet) copies placed with briefs
Jan 26, 2007
2:37 PM
Notice - Incoming
Motion - Unopposed - Amicus - Leave to Participate (MT Stockgrowers Assoc, MT Water Resources Assoc., Southwestern MT Stockman's Assoc., Crazy Mountain Stockgrowers Assoc.) copies to Court
Jan 23, 2007
3:07 PM
Motion
Order - Grant - Extension of Time - Dept. Fish, Wildlife & Parks and Bitterroot River Protective Assn are granted until 3/12/07 to file their reply briefs
Jan 23, 2007
9:18 AM
Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellants' Reply) sent to Court
Jan 22, 2007
11:42 AM
Motion
Brief - Respondent (Babcock, et al., Lewis, et al. and Montana Farm Bureau Federation)
Jan 22, 2007
9:11 AM
Appellee Response Brief
Brief - Respondent (Bitterroot Conservation District)
Jan 19, 2007
4:33 PM
Appellee Response Brief
Brief - Respondent - Marnell Corrao Assoc
Jan 18, 2007
3:17 PM
Appellee Response Brief
Certificate of Record and notice of transmission
Nov 30, 2006
12:50 PM
Other
Notice - Outgoing - Additional Exhibits Filed (#30-34)
Nov 30, 2006
12:22 PM
Notice - Outgoing
Order - Grant - Extension of Time - Respondents and Defendant/Respondent Bitterroot Conservation District, Intervenors-Third Party Pliantiffs/Respondents Marnell Corao Assoc and any amicus are granted until 1/22/07 to file their briefs
Nov 29, 2006
2:51 PM
Order - Extension
Record - Additional Exhibits Filed (30-34) (1 tube)
Nov 29, 2006
12:21 PM
Record
Fees - Postage Return Received
Nov 27, 2006
4:44 PM
Fees
Motion - Unopposed - Extension of Time - Respondent's Brief
Nov 27, 2006
3:43 PM
Motion
Brief - Amicus (Sportsmen's Group)
Nov 24, 2006
8:50 AM
Amicus Brief
Fees - Postage Return Received
Nov 22, 2006
3:43 PM
Fees
Notice - Outgoing - Administrative Record Filed
Nov 22, 2006
10:49 AM
Record
Record - Administrative Record Filed (1 box containing 4 binders and 5 bound exhibits)
Nov 22, 2006
10:42 AM
Record
Brief - Appellant (Bitterroot River Protective Assn)
Nov 22, 2006
10:07 AM
Appellant Opening Brief
Brief - Amicus (Montana Council of Trout Unlimited)
Nov 22, 2006
8:51 AM
Amicus Brief
Notice - Outgoing - Postage Reimbursement Due (Amicus Brief Sportsmen's Group)
Nov 21, 2006
10:37 AM
Notice - Outgoing
Notice - Outgoing - Postage Reimbursement Due (Amicus Brief Trouts Unlimited)
Nov 21, 2006
10:33 AM
Notice - Outgoing
Notice - Outgoing - Postage Reimbursement Due (Appellant's Brief)
Nov 20, 2006
10:27 AM
Notice - Outgoing
Order - Deficiencies-Brief (Brief of Amicus Curiae Sportsmen's Group returned to comply with Rule 27(f) - appropriate designation for parties)
Nov 17, 2006
2:33 PM
Order - Deficiency
Order - Deficiencies-Brief (Brief of Amicus Curiae Trout Unlimited returned to comply with Rule 27(f) - appropriate designation for parties
Nov 17, 2006
2:29 PM
Order - Deficiency
Order - Deficiencies-Brief; Appellant's briefs returned to comply with specified rule. (designation for Appellant and Respondent)
Nov 17, 2006
1:33 PM
Order - Deficiency
Notice - Incoming - Case Issues - Appellant
Nov 16, 2006
9:32 AM
Notice - Incoming
Notice - Outgoing - Notice of Failure to Provide Issues / Form Sent
Nov 15, 2006
3:59 PM
Notice - Outgoing
Brief - Appellant (Montana Dept. Fish, Wildlife and Parks)
Nov 15, 2006
3:57 PM
Appellant Opening Brief
Notice - Incoming - Consent to Amicus (Consent of Fish, Wildlife and Parks to Trout Unlimited's leave to file an amicus brief)
Nov 15, 2006
2:10 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Bitterroot River protective Assn to Trout Unlimited's leave to file an amicus brief)
Nov 15, 2006
2:09 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Bitterroot Conservation District to Trout Unlimited's leave to file an amicus brief)
Nov 15, 2006
2:07 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Marnell Corrao Assoc. to Trout Unlimited's leave to file amicus brief)
Nov 15, 2006
2:06 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Defendant-Intervenors Babcock, et al, Lewis et al, and Montana Farm Bureau to Trout Unlimited's leave to file amicus)
Nov 15, 2006
2:04 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Fish, Wildlife and Parks to "Sportsmen's Groups" leave to file amicus)
Nov 15, 2006
1:55 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Bitterroot River Protective Assn to "Sportsmen's Groups" leave to file amicus)
Nov 15, 2006
1:53 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Consent of Bitterroot Conservation District to "Sportsmen's Groups" leave to file amicus)
Nov 15, 2006
1:52 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Defendant-Intervenors Marnell Corrao Associates consent to "Sportsmen's Groups" leave to file amicus)
Nov 15, 2006
1:37 PM
Notice - Incoming
Notice - Incoming - Consent to Amicus (Defendant-Intervenors Babcock, et al, Lewis et al, and Montana Farm bureau consent to "Sportsmen's Groups" leave to file amicus)
Nov 15, 2006
1:30 PM
Notice - Incoming
Notice - Incoming - of Withdrawal of Motion to Bifurcate Briefing and to file overlength Brief. copies to Court
Nov 14, 2006
3:16 PM
Notice - Incoming
Notice - Incoming - Attorney Substitution/Withdrawal; Notice of Addition of co-counsel and Substitution of counsel. (Ron Waterman and Alan Joscelyn for Babcock, et al and Lewis, et al) (Bloomquist substituted for Russ McElyea for Mt. Farm Bureau Fed.)
Nov 9, 2006
11:22 AM
Notice - Incoming
Motion - Unopposed - to Bifurcate Briefing and to file Overlength Brief. copies to Court
Nov 1, 2006
3:55 PM
Motion
Order - Grant - Extension of Time - Appellants are granted until 11/15/06 to file their opening brief. No further motions from any party will be granted absent their compliance with Rule 27(f)
Sep 6, 2006
10:50 AM
Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellants) sent to Court
Sep 5, 2006
2:36 PM
Motion
Notice - Outgoing - Appearance Fee Due
Aug 18, 2006
8:49 AM
Notice - Outgoing
Record - DC Record/Exhibits/Transcript Filed (8 folders, 2 white binders of intervenors exhibits, 4 black binders of plaintiffs exhibits, 1 large tube of aerial maps; 5 vol. transcripts dated July 11-15, 2005, with 2 copies)
Aug 17, 2006
2:46 PM
Record
Notice - Outgoing - District Court Record Filed
Aug 17, 2006
8:44 AM
Record
Notice - Outgoing - Appeal Notice
Jul 28, 2006
9:30 AM
Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed
Jul 18, 2006
12:29 PM
Notice - Incoming
Notice - Incoming - Notice of Appeal Filed
Jul 17, 2006
9:22 AM
Notice - Incoming