Estate of Hilston Ex Rel. Hilston v. State

¶1 Appellant Mary Ann Hilston, personal representative of the estate of Timothy A. Hilston, appeals from the order of the Eighth Judicial District Court, Cascade County, granting summary judgment in favor of the State. We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in granting the State’s motion for summary judgment on Mary Ann Hilston’s claim that the State is hable for negligent grizzly management in the State’s BlackfootClearwater Wildlife Management Area because grizzly bears are not a “condition of the property” pursuant to § 70-16-302, MCA?

BACKGROUND