State Ex Rel. State Fish & Game Commission v. District Court of Fifth Judicial District Ex Rel. County of Madison

The HONORABLE LEROY L. McKINNON, District Judge, sitting in place of MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

This is an original proceeding wherein the State Fish and Game Commission, plaintiff in district court, brought this petition for an appropriate writ to control the actions of the district court.

The petitioner is seeking to condemn certain property known as “Beaverhead Rock” for use as a state historical site. In State of Montana, acting by and through the State Fish and Game Commission and the members thereof, Plaintiff, v. Norman G. Ashcraft and Loretta Gay…