Larson-Murphy v. Steiner

¶127 I respectfully dissent from the Court’s scholarly and sweeping decision which abrogates decades of precedent and fails to take into account that the Legislature, like the livestock owners of Montana, have long relied on that precedent. While I do agree with some of the Court’s discussion, my disagreements are extensive. Rather than have the opinions in this case fill an entire volume of Montana Reports, however, I will address only major points.

¶128 Regarding points of agreement between myself and the Court, I agree with the Court’s early conclusions that the law of the open range…