Madden v. The Nature Conservancy
About This Legal Opinion
The federal district court, citing a Montana Supreme Court holding, held that conservation servitudes in gross may be created by reservation under Montana law. The court also rejected plaintiff's other technical arguments that the deed language creating the servitude was insufficient.
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Scott v. Metcalf Charitable Trust
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Hampton v. Lewis & Clark County
The Montana Supreme Court upheld the restrictive covenant and rejected various arguments that it did not run with the land.
Water Rights in Montana
Who can use Montana's water? How much can they use? At what time? What uses are legal? Such questions lead into the realm of water rights—a blend of laws, regulations, and traditions that govern the distribution of Montana’s water among its many users.
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The trial court ruled that the plaintiff lacked standing, and the plaintiff appealed. The appellate court affirmed, holding that Parcel A was not intended to be benefitted by the restrictive covenant and therefore lacked standing to enforce it.
Bruzewicz v. United States tax court opinion
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Schwent v. United States
The court found that Schwent’s suit against the federal government sounded in takings so therefore the Court of Federal Claims had jurisdiction not the District Court and the nuisance claim against Willets was entirely based on state law and not federal law.
St. Marie v. Riverside County Regional Park and Open-Space
The California Supreme Court reversed the appellate court holding that a dedication under the statute requires a formal resolution by the district. The Court said that requiring a formal dedication resolution gives park districts flexibility so is more liberal than that advocated by the plaintiff.
A Buyer's Guide to Montana Water Rights
Designed as a guide for prospective buyers of land in Montana, this guide explains how water rights are allocated in Montana. It explains the first in time, first in right system of water rights and how use due diligence in ascertaining water rights and restoring stream flow.
Lange v. Nature Conservancy, Inc.
Landowners claimed that the survey of natural resources conducted by TNC constituted trespass and that the government's cooperation with the Nature Conservancy constituted deprivation of equal protection. The district court denied the plaintiffs' claims and the appeals court affirmed.