Montana Coalition for Stream Access, Inc. v. Curran
Montana Supreme Court
682 P.2d 163 (1984)
- Written by Solveig Singleton, JD
Facts
The Dearborn River originated in west-central parts of the State of Montana (Montana) (plaintiff) and flowed southeast to the Missouri River. Dennis Curran and Curran Oil Company (collectively, Curran) (defendants) owned or leased extensive properties in Montana. About six or seven miles of the Dearborn River flowed through Curran’s properties. Curran claimed to hold title to the streambed and banks of these portions of the Dearborn River and the right to restrict use of parts of the river by the public. Montana sued in district court to determine the extent of Montana’s rights to these parts of the Dearborn River. The trial judge found that logs were floated down the Dearborn River at the time Montana became a state and that the river was used by the public for fishing and other recreational purposes. The judge concluded that the Dearborn River was navigable, that the public had the right to use the river and streambed between the high-water marks, and that Montana owned the streambed between the low-water marks. Curran appealed.
Rule of Law
Issue
Holding and Reasoning (Haswell, C.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
