Buhmann v. State

¶102 I dissent from the Court’s decision on Issues Three, Four, and Five. I do so for the reasons articulated in my dissent in the companion *241case, Kafka v. Montana Dept. of Fish, Wildlife and Parks, 2008 MT 460, ¶¶ 96-248, 348 Mont. 80, ¶¶ 96-248, 201 P.3d 8, ¶¶ 96-248 (Nelson, Rice, & Swandal, JJ., dissenting) (hereinafter, “Kafka Dissent”), and for the additional reasons set forth below. I do not express any views on the Court’s resolution of Issues One and Two.

I. INTRODUCTION

¶103 As it did in Kafka, the Court again holds that business owners in the alternative livestock industry are…