Citizens for Balanced Use v. Montana Fish, Wildlife & Park Commission

¶1 The Montana Fish, Wildlife & Parks Commission (FWP) appeals from the order of the Sixth Judicial District Court, Park County, awarding attorney’s fees and costs to Plaintiffs, Citizens for Balanced Use, et al., (collectively, Plaintiffs or CBU) on their claims against FWP for violating their rights to know and participate under Sections 8 and 9, Article II, of the Montana Constitution. We affirm and restate the issue as follows:

¶2 Did the District Court err by awarding attorney’s fees and costs to CBU for prevailing on its constitutional claims?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 FWP is…