Public Lands v. Madison Co

DA 12-0312 ·Direct Appeal ·Civil ·Closed
Docket DA 12-0312
Type Direct Appeal — Other
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-29-04-43
Lower court judge Hon. Loren Tucker

Key dates

Closed Mar 3, 2014
Classified Jan 31, 2013
Appeal filed May 16, 2012
Record filed Jun 15, 2012
Oral argument Apr 29, 2013
Briefing ended Jan 15, 2013
Opinion issued Jan 16, 2014
Briefing started Jun 15, 2012
Rehearing denied Mar 3, 2014
Sent to the court Feb 14, 2014
Cross Appeal Filed May 30, 2012
Rehearing requested Jan 31, 2014
Submitted for decision Apr 29, 2013
Cross Reply Brief Filed Jan 15, 2013
Appellant Reply Brief Filed Dec 14, 2012
Appellant Opening Brief Filed Aug 15, 2012
Appellee Response Brief Filed Oct 15, 2012

Calculated

from the docket dates
Appeal filed to briefing start 30
Briefing days 213
Briefing start to opening brief filed 60
Classified to Opinion 349
Close of briefing to sent to court 395
Filing date to Opinion 610
Filing date to closed 656
Opening to response 60
Opinion to closed 46
Oral argument to Opinion 261
Reply to cross reply 91
Response to reply 60
Sent to court to classified 378
Sent to court to oral argument 290
Submitted for decision to Opinion 29

Tags

Affirmed in part, reversed in part Amicus granted Amicus requested Closed Cross Appeal Filed En Banc Opinion synopsis issued Oral Argument Published opinion Rehearing denied Rehearing requested

Parties

Intervenor
State of Montana
Represented by Timothy Charles Fox
Appellant
Public Lands Access Association, Inc.
Represented by James H. Goetz
Appellee
Board of County Commissioners, Madison County
Represented by Tara DePuy
Appellee
C. Ted Coffman
Represented by Tara DePuy
Appellee
David Schulz
Represented by Tara DePuy
Appellee
Frank G. Nelson
Represented by Tara DePuy
Cross Appellant
James C. Kennedy
Represented by Peter D. Coffman

Opinion

Public Lands v. Madison Co, 2014 MT 10

Affirmed in part, reversed in part on January 16, 2014, in a 5 to 2 with 1 concurring published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Mar 14, 2014 10:23 AM Fees
Record - DC Record Return Card Filed Mar 10, 2014 3:33 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Mar 4, 2014 4:15 PM Notice - Outgoing
Record - DC Record Returned to District Court Mar 3, 2014 2:29 PM Record
Event - Case Closed Mar 3, 2014 2:28 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 3, 2014 2:24 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 3, 2014 2:04 PM Closing Notice
Order - Deny-Petition for Rehearing Mar 3, 2014 2:02 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Petition for Rehearing and Objection Feb 14, 2014 11:35 AM Classifying Notice
Response/Objection - Rehearing Feb 14, 2014 11:28 AM Response
Petition - Rehearing. held for objection Jan 31, 2014 11:27 AM Petition
Opinion - Synopsis of Opinion Jan 16, 2014 9:38 AM Synopsis
Opinion - Published - Justice Wheat - Affirm in Part, Reverse in part and remand Jan 16, 2014 9:29 AM Opinion
Event - Oral Argument Presented by J. Devlan Geddes and Matthew Cochenour for the appellant/intervenor and Susan Swimley and Peter Coffman for the appellees. The matter was takeen under advisement at 11:05 a. m Apr 29, 2013 4:32 PM Event
Order - the motion to participate in oral argument is GRANTED; the State is allotted 5 minutes of Appellant's rebuttal time, leaving Appellant within 35 minutes Apr 17, 2013 2:06 PM Order - Other
Motion - Unopposed - Oral Argument - Leave to Participate - sent to Court w/SC file Apr 16, 2013 10:58 AM Motion
Order - the Hon. Kurt Krueger, District Judge, will sit in the place of Justice Brian Morris who has recused himself Feb 15, 2013 3:16 PM Order - Other
Order - the Hon. Mike Menahan, District Judge, will sit in the place of Chief Justice McGrath who has recused himself Feb 15, 2013 3:11 PM Order - Other
Notice - Outgoing - Oral Argument Scheduled Jan 31, 2013 11:48 AM Notice - Outgoing
Order - Classified - Oral Argument before the Court sitting en banc on Monday, April 29, 2013 @ 10:00 a.m. in the Stand Union Bldg., Ballroom A on the campus of MSU with introduction at 9:30 a.m. arguments-40 min/Appellant; 30 min/Appellees Jan 31, 2013 11:38 AM Classifying Notice
Event - Case Sent to Court Jan 16, 2013 8:18 AM Classifying Notice
Brief - Cross Appellant Reply Jan 15, 2013 8:10 AM Cross Reply Brief
Brief - Intervenor (State of Montana) Dec 14, 2012 4:03 PM Brief
Brief - Amicus (Trout Unlimited) Dec 14, 2012 4:00 PM Amicus Brief
Brief - Appellant Reply and Answer to Cross Appeal Dec 14, 2012 3:38 PM Appellant Reply Brief
Extension - Grant of Extension to December 14, 2012 to file Intervenor State of Montana's Response Brief Nov 15, 2012 9:22 AM Extension
Motion - Unopposed - Extension of Time - Intervenor State of Montana Response Brief Nov 14, 2012 9:15 AM Motion
Extension - Grant of Extension - Appellant is given until 12/14/12 to file the reply brief and Intervenor Kennedy is given until 1/15/13 to file his reply brief Oct 26, 2012 1:30 PM Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Reply Oct 26, 2012 10:08 AM Motion
Notice - Incoming - Errata (Appellee's Kennedy Brief). Placed in Briefs Oct 19, 2012 2:03 PM Notice - Incoming
Brief - Amicus of UNITED PROPERTY OWNERS OF MONTANA Oct 15, 2012 11:52 AM Amicus Brief
Brief - Appellee (James C. Kennedy) Oct 15, 2012 11:09 AM Appellee Response Brief
Brief - Amicus (Property and Environment Research Center) Oct 15, 2012 10:07 AM Amicus Brief
Brief - Appellee (Madison County) Oct 12, 2012 3:58 PM Appellee Response Brief
Order - the application of KAREN BUDD-FALEN to appear pro hac vice is DENIED Oct 11, 2012 3:21 PM Order - Other
Order - Property and Environment Research Center is GRANTED leave to file an amicus curiae brief, due 10/15/12 Oct 10, 2012 4:23 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - PROPERTY AND ENVIRONMENT RESEARCH CENTER. sent to Court Oct 10, 2012 11:53 AM Motion
Order - Amicus-Grant Participation (United Property Owners of Montana) Oct 5, 2012 3:18 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - UNITED PROPERTY OWNERS OF MONTANA. sent to Court Oct 5, 2012 10:39 AM Motion
Motion - Pro Hac Vice - State Bar Certification and Application for Karen Budd-Falen. (copies to Court) Oct 2, 2012 1:19 PM Motion
Extension - Grant of Extension until October 15, 2012, to file Appellee's brief (Madison County) Sep 6, 2012 4:32 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee-Madison County) Sep 6, 2012 1:45 PM Motion
Extension - Grant of Extension until October 15, 2012, to file James Kennedy's Appellee/Cross-Appellant's Brief Sep 4, 2012 2:37 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee and Cross-Appellant, James Kennedy) Sep 4, 2012 2:20 PM Motion
Order - Amicus-Grant Participation to Montana Council of Trout Unlimited Aug 16, 2012 3:45 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (Montana Council of Trout Unlimited). copies to Court Aug 16, 2012 11:03 AM Motion
Brief - Appellant Aug 15, 2012 4:05 PM Appellant Opening Brief
Extension - Appellant GRANT of Extension of time until 8/15/2012 to file opening brief Jul 11, 2012 11:02 AM Extension
Motion - Appellant 1st Unopposed Extension of Time - Brief Jul 11, 2012 10:58 AM Motion
Constitutional Question - State of Montana to INTERVENE for the limited purpose of defending the constitutionality of Mont. Code Ann. 23-2-301 et seq Jul 2, 2012 9:52 AM Other
Notice - Outgoing - District Court Record Filed Jun 15, 2012 4:14 PM Record
Record - DC Record/Exhibits/Transcript Filed - 13 file folders, 1 manila envelope & 3-ring binder of Exhibits and 2 condensed Transcripts w/DVD of July 25, 2008 and January 9-11, 2012 hearings Jun 15, 2012 4:09 PM Record
Notice - Incoming - Constitutional Question Jun 11, 2012 1:48 PM Notice - Incoming
Notice - Outgoing - Cross Appeal Notice May 30, 2012 4:38 PM Notice - Outgoing
Fees - Appearance-Cross Appeal Fee Received May 30, 2012 4:36 PM Fees
Copy of Notice - Incoming - Transcripts Deemed Necessary May 30, 2012 4:34 PM Other
Notice - Incoming - Notice of Cross Appeal (James C. Kennedy) May 30, 2012 4:31 PM Notice - Incoming
Notice - Outgoing - Appeal Notice May 16, 2012 2:18 PM Notice - Outgoing
Copy of Notice - Incoming - Transcripts Deemed Necessary May 16, 2012 2:15 PM Other
Fees - Appearance Fee Received May 16, 2012 2:12 PM Fees
Notice - Incoming - Notice of Appeal Filed May 16, 2012 2:07 PM Notice - Incoming