Montana Coalition for Stream Access, Inc. v. Hildreth
Montana Supreme Court
684 P.2d 1088 (1984)
- Written by Robert Cane, JD
Facts
Lowell Hildreth (defendant) owned land next to the Beaverhead River. Hildreth installed a fence across the river. Hildreth also prepared to install a cable across the river for the opening day of fishing season. The Montana Coalition for Stream Access, Incorporated (the coalition) (plaintiff) sued Hildreth for illegally interfering with the public’s right to use the river for recreational purposes. The coalition filed a motion for preliminary injunction to enjoin Hildreth’s interference with public use of the river. The trial court granted the motion. Later, the trial court found that the river was navigable for recreational purposes under the pleasure-boat test and the commercial-use test. Accordingly, the trial court issued a permanent injunction, declaring that the public had a right to access the river up to the high-water mark and that Hildreth was restrained from interfering with the public’s use of the river up to the high-water mark. Hildreth appealed.
Rule of Law
Issue
Holding and Reasoning (Haswell, C.J.)
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