Montana Coalition for Stream Access, Inc. v. Curran

Appellant D. Michael Curran (“Curran”), appeals a Rule 54(b)-certified partial summary judgment entered in favor of plaintiffs, Montana Coalition for Stream Access, Inc. (“Coalition”), the State of Montana, the Montana Department of State Lands and the Montana Department of Fish, Wildlife and Parks. The District Court held that the public have a right to use waters and the streambed of the Dear-born River up to the high water mark as it flows through Curran’s property and that the State of Montana owns the streambed between the low water marks. The District Court also dismissed Curran’s…