Excerpt from an opinion by PERC’s Terry Anderson on the upcoming Montana Supreme Court hearing on stream access:
The openness of our legal system is especially important in this case. The plaintiff, now calling itself the Public Lands/Water Access Association, challenges the legality of Madison County’s resolution to permit James Kennedy, a landowner from Georgia, to attach a private wood rail fence to a bridge across the Ruby River.
Beyond the legal technicalities, this case is about the rights of a private landowner to limit access to his property. PLWA portrays itself as David—a local, citizen sportsmen group—against Goliath—a wealthy, out-of-state landowner. In fact, this is a long-standing campaign by the association, dressed up in public-interest clothing, to gain access to...