Goetz, Baldwin and Geddes P.C. Legal Files on Stream Access Law,

Transcription

1 Goetz, Baldwin and Geddes P.C. Legal Files on Stream Access Law, Overview of the Collection Creator Goetz, James H.; Geddes, Devlin Title Goetz, Baldwin and Geddes P.C. Legal Files on Stream Access Law Dates Quantity 13 linear feet Collection Number Collection 2631, MtBC, us (collection) Summary The James H. Goetz Legal Records consists of legal documents pertaining to three trials relevant the formation of Montana s Stream Access Law passed by the Supreme Court in The Trials include cases on the Beaverhead and Dearborn Rivers and proposed Libby Dam case. Also included in this collection are various notes on other small cases tried by Goetz that helped produce the Stream Access Law. Repository Montana State University Library, Merrill G. Burlingame Special Collections Montana State University-Bozeman Library Merrill G Burlingame Special Collections P.O. Box Bozeman, MT Telephone: Fax: spcoll@ Access Restrictions This collection is open for research. Languages English Biographical Note Goetz, Baldwin and Geddes P.C is a litigation law firm operating in Bozeman, Montana. The firm focuses on litigation and trial practice on a wide range of cases and topics. The firm has tried some famous cases regarding environmental disputes in Montana, including the two cases here: the Stream and Bridge Access cases. This collection has been donated by two of the lawyers at the firm, James H. Goetz and J. Devlan Geddes. James H. Goetz was born in 1942 in Miles City, Montana. He graduated from Montana State University in 1965 with a bachelor s degree in history and the went to Yale Law School, graduating in Goetz then moved back to Montana to begin practicing law, admitted to the Montana Bar in Goetz has living in Bozeman, Montana ever since, practicing law with his firm: Goetz, Baldwin and Geddes P.C. Goetz still lives in Bozeman and continues to practice law. 1

2 J. Devlan Geddes was raised in Junction City, Oregon and Moved to Bozeman, Montana in 1992 to attend school at Montana State University. Geddes attended law school in Eugene Oregon and moved to Seattle to practice law, moving back to Bozeman in 2002 to join Goetz, Baldwin and Geddes P.C. Geddes Still lives in Bozeman, Montana practicing law. Content Description This collection contains legal documents pertaining to three trials relevant to the formation of Montana s Stream Access Law passed by the Supreme Court in 1984 as well as relevant case materials pertaining to the Bridge Access case ranging from The trials include cases on the Beaverhead and Dearborn Rivers and proposed Libby Dam case. Also included in this collection are various notes on other small cases tried by Jim Goetz that helped produce the Stream Access Law, as well as a small biography written by Goetz describing how he came to be the lawyer for the Montana Coalition for Stream Access as well as the cases he tried regarding Montana s waterways. Pertaining to the Bridge Access case are two series, correspondence and case materials; the documents include trial exhibits, pleadings, Supreme Court pleadings, and other relevant material pertaining to the Bridge Access Case. Administrative Information Arrangement Series 1 Beaverhead River Case Series 2 Dearborn River Case Series 3 Libby Dam Series 4 Fishing Access Series 5 Fishing Access Cases Series 6 Stream Access; Harvey and Doris Madison, et al. v. Montana Department of Fish, Wildlife and Parks, legal documents Series 7 Bridge Access Correspondence Series 8 Case Files Acquisition Information Legal documents created or collected by James H. Goetz of Bozeman, Montana were donated on February 13, Additional materials were donated on April 18, These documents comprise Series 1-6. Legal documents created or collected by Devlin Geddes of Bozeman, Montana were donated on April 27, Additional materials were donated on September, 17, These documents comprise Series 7-8. Processing Note 2

3 This collection was processed 2018 November 30 Detailed Description of the Collection Series 1: Beaverhead River Case This series includes documents pertaining to the Beaverhead River Case for stream access, also known as Coalition for Stream Access v. Hildreth. The series includes case research, corporate documents, briefs, court pleadings, hearings, motions, trail transcripts, and lawyer notes pertinent to the trial. Container(s) Description Dates Box/Folder 1/1 Affidavits 1/2-4 Beaverhead River Case, Documentary Research 1/5 Beaverhead River Trail Transcript Summary 1/6-8 Case Research 1/9 Coalition for Stream Access, Beaverhead, Corporate Documents 1/10 Correspondence, Outreach 1/11 Defendant s Brief in Opposition to Motion for Preliminary Injunction 1/12 District Court Pleadings /13 District Court Pleadings /14 District Court Pleadings /15 Hearing on All Motions Pending 1/16 Miscellaneous 1/17 Montana Coalition for Stream Access v. Hildreth, Preliminary Proceedings

4 1/18 Notes 1/19 Plaintiff s Brief in Support of Motion for Preliminary Injunction 1/20 Preliminary Injunction Hearing Transcript /1 Supreme Court Pleadings 2/2 Press Coverage, Beaverhead 2/3 Transcript of Proceedings /4 Transcript of Proceedings /5 Transcript of Proceedings /6 Trail Transcript, pages /7 Trail Transcript, pages /8 Trail Transcript, pages /9 Trail Transcript, pages /10 Water Rights / Deeds Series 2: Dearborn River Case This series includes documents pertaining the Dearborn River stream access case in Montana. The series includes correspondence, briefs, supreme court files, case research, leases and water rights documentation, membership information for the Montana Stream Access Coalition, press coverage, motions, and other various documentation pertinent to the trial. Container(s) Description Dates Box/Folder 2/11 Answers to Discovery 2/12 rief of Amicus-Montana Stockgrowers Association and Montana Woolgrowers Association 2/13 Butte Sportsman s Group, Navigation 4

5 (78-74) 2/14-16 Correspondence 2/15 CSA Beaverhead Trail Notebook Contents 2/18-23 Dearborn Briefs 2/24-27 Dearborn River Supreme Court File 2/28 Deposition of Gus J. Karabatos 2/29 Deposition of Mark S. Connell 3/1-2 Discovery: Dearborn River 3/3-5 Documentary Research 3/6 Findings of Fact 3/7 JHG - Navagibility Seminar, Portland, Oregon November 13, /8 Lease / Water Rights 3/9-10 Legal Research 3/11 Maps 3/12-19 Memorandum 3/20-21 Montana Coalition for Stream Access Info and Membership 3/22-23 Navigation 3/24 Notebook 2/25 Notes 3/26 Petitions 3/27 Press Coverage 5

6 3/28 Pre-Trial Order 3/29 Trial Briefs 3/30-32 Trial and Pre-Trial Motions Series 3: Libby Dam This Series pertains to the trial Goetz conducted for the Libby Rod and Gun club challenging the proposed Libby Dam. The series include appeals, briefs, correspondence, environmental reports, documentary research, hearing and preliminary injunction reports, memorandums and supreme court hearings pertaining to the case. This case resulted in the postponement of a deregulating dam on the Kootenia River. Container(s) Description Dates Box/Folder 4/1-2 Appeal File 4/3-4 On Appeal from the United States District Court for the District of Montana 4/5 On Appeal from the United States District Court for the District of Montana, Volume 2 4/6 On Appeal from the United States District Court for the District of Montana, Appendix VI 4/7 On Appeal from the United States District Court for the District of Montana, Reply Brief for the Federal Appellants 4/8 Appellees Response to Motion to Stay Injunction 4/9 Brief for the Federal Appellants 4/10 Case Correspondence 4/11 Critique of the Cost-Benefit Analysis for the Proposed Libby Regulating Dam and Additional Units May 19, /12-13 Defendant s Brief 6

7 4/14 Discovery File 4/15-16 Documentary Research 4/17 Final Environmental Statement for Libby Dam, Office of the Chief of Engineers September /18 Hearing on Preliminary Injunction, Testimony of Neil Freeman 4/19 Hearing on Preliminary Injunction, Volume 1 4/20 Hearing on Preliminary Injunction, Volume 2 4/21 Hearing on Preliminary Injunction, Volume 4 4/22 Kootenay River Diversion Preliminary Assessment Report October /23 Libby Brief 4/24 Libby Dam, Affidavits 4/25 Libby Dam and Lake Koocanusa Kootenai River, Montana; Environmental Statement 5/1 Libby Dam and Lake Koocanusa Kootenai River, Montana; Supplement 1 5/2 Libby Dam and Lake Koocanusa Kootenai River, Montana; Supplement 5 5/3 Libby DNRC and C Memos 5/4-5 Libby Post Injunction /6 The Libby Regulating Dam on the Kootenai River 5/7 Memorandum in Support of Motion to Intervene 5/8-9 Miscellaneous 5/10 Motion for Stay Pending Appeal 7

8 5/11 Notebook 5/12 Notice of Appeal 5/13 Plaintiff s Motion for Partial Summary Judgement 5/14 Power Outlook through /15-16 Plaintiff s Brief in Opposition to Defendant s Motion for Dissolution of Preliminary Injunction 5/17-18 Pleadings File 5/19 Post-Hearing Memorandum 5/20 Preliminary Policy Paper, Libby Additional Units and Regulating Dam Project, Montana 5/21 Record on Appeal, Volume II, pages /22 Record on Appeal, Volume II, pages /23 Reply Brief of Amicus Curiae Allis Chalmers Corporation 5/24 Reply Brief for the Federal Appellants 5/25-26 Reply Brief for Plaintiffs 5/27 Report by the Comptroller of the United States, Montana Libby Dam Project 5/28 Report to the Congress of the United States by the Comptroller Genera 5/29-30 United States Court of Appeals for the Ninth Circuit Series 4: Fishing Access This Series contains one folder with documents pertaining to legal cases in Montana, specifically in Lewis and Clark County (pertaining to the removal of sanitary restrictions) and a case by the Crow Tribe petering to the Yellowtail Dam and Reservoir. The folder also contains documentary research and notes compiled by Goetz. 8

9 Container(s) Description Box/Folder 5/31 Fishing Access Series 5: Fishing Access Cases This series contains one folder with a document compiled by Goetz pertaining the Montana Stream Access cases he tried starting in The document functions as a biography of Goetz cases and procedures. Container(s) Description Box/Folder 5/32 The Montana Stream Access Cases Series 6: Stream Access; Harvey and Doris Madison, et al. v. Montana Department of Fish, Wildlife and Parks, legal documents This series contains briefs, motions, historical research, documentary research, U.S. Supreme Court pleadings, and other documents pertinent to the stream access case. Container(s) Description Box/Folder 6/1-3 Answer Brief of Defendants-Intervenors-Appellees 6/4 Appellant s Excerpts of Record, Volume 1 of 1 6/5 Appellant s Opening Brief 6/6-8 Articles 6/9 Brief of Appellees 6/10-13 Cases from Petition of Writ of Certiorari 6/14 Dearborn Historical Research 6/15-16 Dearborn River: Navigability Title Case 9

10 Container(s) Description 6/17-19 Documentary Research 6/20-21 Legal Research RE General Dismissal 6/22-24 Legal Research RE State s Motion to Dismiss 7/1 Legal Research RE State s Motion to Dismiss 7/2 Miscellaneous 7/3 Motion and Brief 7/4-5 MWF 9th Court Material 7/6 Public Trust Case 7/7 U.S. Supreme Court Pleadings 7/8 Public Trust Case 7/9 U.S. Supreme Court Pleadings Series 7: Bridge Access Correspondence This series includes collated correspondence arranged by Geddes pertaining to the Bridge Access Case. Container(s) Description Dates Box/Folder 8/1-3 Correspondence, Volume 1 November December /4-6 Correspondence, Volume 2 January 5- August 31, /7-9 Correspondence, Volume 3 September 2005-September /10-11 Correspondence, Volume 4 October October

11 8/12-14 Correspondence, Volume 5 81/15 Discovery Correspondence, Volume 1 Series 8: Case Files This series includes material pertaining to the Montana Bridge Access Lawsuit resulting in Montana s Bridge Access Law. The case was tried by Goetz, Baldwin and Geddes P.C., with Devlan Geddes taking on the case. Included in the series are Supreme Court Pleadings, affidavits, legal research, press, Geddes notes and memos, depositions, surveyor reports, exhibits, trial notes, briefings, discovery pleadings, and other legal material relevant to the Bridge Access Case ranging from "*" (asterisk) notes material moved to oversize collection. Container(s) Description Dates Box/Folder 8/16 Affidavits 8/17-18 Attorney s Notes and Memos, Volume 1 8/19 Attorney s Notes and Memos, Volume 2 8/20 Bill Anderson s Documents 8/21 Daniel Gravage, Transcript of Proceedings 8/22 Deposition of Bernard Lea 8/23 Deposition of Bobby Seidensticker 8/24 Deposition of Bob Lovejoy 8/25 Deposition of Brad Griebenow 8/26 Depositions CDs 8/27 Deposition of Dan Gravage / Bernard Hallin (DVD) 8/28 Deposition of Darrell Goodman 11

12 8/29 Deposition of Dave Smith 8/30 Deposition of David Marsch 8/31 Deposition of David Schulz 8/32 Deposition of Don Goodman 8/33 Deposition of Ed Ereth 8/34 Deposition of Ed Tash 8/35 Deposition of Frank Nelson 8/36 Deposition of George Albrecht 8/37 Deposition of Howard Chrest 8/38 Deposition Index 8/39 Deposition of Irene Chrest 8/40 Deposition of James Kennedy 8/41 Depositions of James Kennedy February 21, /42 Deposition of Janell Shaw 8/43 Deposition Upon Oral Examination of Jerry Brekke 8/44 Deposition of Jerry Lyons 8/45 Deposition of John Gibson 8/46 Deposition of Ken Brower 8/47-48 Deposition of Kenneth Jenkins 8/49 Deposition of Kirk Brower 8/50 Deposition of Mackenzie Keltner 12

13 8/51 Deposition of Michael Berry 8/52 Deposition of Mortimer Lott 8/53 Deposition of Pat Darby 8/54 Deposition of Paul Banks 9/1 Deposition of Ray Rowberry 9/2 Deposition of Reed Rowberry 9/3 Deposition of Richard Woods 9/4 Deposition of Robert Butler 9/5 Deposition of Robert Keltner 9/6 Deposition of Robert Lott 9/7 Deposition of Robert R. Zenker 9/8-9 Deposition of Shane Escott 9/10 Deposition of Steven Banks 9/11 Deposition of Susan Nye 9/12 Deposition of Ted Coffman 9/13 Deposition of Thomas Lott 9/14 Deposition of Tony Schoonen 9/15 Deposition of Wally Klose 9/16 Deposition Upon Oral Examination of Bernard Hallin 9/17 Deposition Upon Oral Examination of Bernard Hallin, Volume II 9/18 Deposition Upon Oral Examination of Dan Gravage 13

14 9/19 Deposition Upon Oral Examination of George Trischmann 9/20 Deposition Upon Oral Examination of John Gibson 9/21 Deposition Upon Oral Examination of Kevin Feldman 9/22 Deposition Upon Oral Examination of Larry Lahren, Ph.D. 9/23 Deposition Upon Oral Examination of Larry Lahren, Ph.D., Vol. II 9/24 Deposition Upon Oral Examination of Robert Butler 9/25 Deposition Upon Oral Examination of Tony Schoonen 9/26 Deposition Upon Oral Examination of William Anderson 9/27 Deposition, Designations, and Objections, Joint Notice 9/28 Depositions, Designations, and Objections: Exhibit A 9/29 Depositions, Designations, and Objections: Exhibit B 9/30 Depositions, Designations, and Objections: Banks, Paul 9/1 Depositions, Designations, and Objections: Banks, Steven 9/32 Depositions, Designations, and Objections: Berry, Michael 9/33 Depositions, Designations, and Objections: Chrest, Irene 9/34 Depositions, Designations, and Objections: Darby, Pat 9/35 Depositions, Designations, and Objections: Goodman, Darrell 9/36 Depositions, Designations, and Objections: Goodman, Don 9/37 Depositions, Designations, and Objections: Griebenow, Brad 9/38 Depositions, Designations, and Objections: Keltner, Mackenzie 9/39 Depositions, Designations, and Objections: Keltner, Robert 14

15 9/40 Depositions, Designations, and Objections: Kennedy, James 9/41 Depositions, Designations, and Objections: Lott, Mortimer 9/42 Depositions, Designations, and Objections: Lott, Robert 9/43 Depositions, Designations, and Objections: Lott, Thomas 9/44 Depositions, Designations, and Objections: Lovejoy, Bob 9/45 Depositions, Designations, and Objections: Marsch, David 9/46 Depositions, Designations, and Objections: Nye, Susan 9/47 Depositions, Designations, and Objections: Rowberry, Reed 9/48 Depositions, Designations, and Objections: Schoonen, Tony 9/49 Depositions, Designations, and Objections: Seidensticker, Bob 9/50 Depositions, Designations, and Objections: Shaw, Janell 9/51 Depositions, Designations, and Objections: Smith, Dave 9/52 Depositions, Designations, and Objections: Tash, Ed 9/53 Depositions, Designations, and Objections: Trischmann, George 9/54 Depositions, Designations, and Objections: Woods, Richard 9/55 Deposition Exhibits: Anderson, W. 9/56 Deposition Exhibits: Brekke, Jerry 9/7 Deposition Exhibits: Brower, Ken 9/58 Deposition Exhibits: Butler, Robert 9/59 Deposition Exhibits: Chrest, H. 9/60 Deposition Exhibits: Coffman, T. 15

16 9/61 Deposition Exhibits: Ereth. E. 9/62 Deposition Exhibits: Gibson, J. 9/63 Deposition Exhibits: Gravage, D. 9/64 Deposition Exhibits: Hallin, B. 9/65 Deposition Exhibits: Kennedy, James 9/66 eposition Exhibits: Lahren, L. 9/67 eposition Exhibits: Nelson, F. 9/68 Deposition Exhibits: Schoonen, T. 9/69 Deposition Exhibits: Schulz, D. 9/70 Devlan s Notebook: Cases Stevens v. City of Cannon Beach; Oregon v. Hay; Galt v. Montana Fish Wildlife and Parks 9/71 Devlan s Notebook: Resolution /72 Devlan s Notebook: Public Access Doctrine 9/73 Devlan s Notebook: Complaint and Demand for Jury Trial (Kennedy v. Madison Co.) 9/74 Devlan s Notebook: Cases Richter v. Rose; Maynard v. Bara; St. Ex Rel Dansie v. Nolan (explanation of RS 2477 in Montana); Butte v. Mikosowitz (Prescriptive use Sufficient to Accept Grant); Povah v. Portmann 9/75 Devlan s Notebook: Territory of Montana Seventh Session Legislative Assembly 9/76 Devlan s Notebook: Defendant Intervenor James C. Kennedy s Proposed Findings of Fact and Conclusions of Law 9/77 Devlan s Trial Notebook: Kennedy s Brief Concerning Scope Use of a Public, Prescriptive Road 16

17 9/78 Devlan s Trail Notebook: Kennedy s Notice of Filing Additional Objections to Petitioner s Deposition Designations for Trial 9/79 Devlan s Trial Notebook: Kennedy s Objections to Petitioner s Supplemental Designation of Entire Deposition Transcript of Shane Escott 9/80 Devlan s Trial Notebook: Petitioner s Bench Memorandum Re: Scope of Uses Permitted within Public Prescriptive Right of Ways 10/1 Devlan s Trial Notebook: Petitioner s Proposed Findings of Fact, Conclusions of Law and Order 10/2 Devlan s Trial Notebook: Petitioner s Supplemental Designation of Deposition Testimony for Trial 10/3 Devlan s Trial Notebook: Pretrial Order 10/4 Discovery Index 10/5 Discovery Pleadings: Volume 1 10/6 Discovery Pleadings: Volume 2 10/7 Discovery Pleadings: Volume 3 10/8 Documents Produced by James Kennedy, Volume 1 Seyler Bridge Photos 10/9 Documents Produced by James Kennedy, Volume 1 Seyler Bridge Line-of-Sight Photos 10/10 Documents Produced by James Kennedy, Volume 1 Kennedy Access Sites Photos 10/11 Documents Produced by James Kennedy, Volume 1 Kennedy Photos 10/12 Documents Produced by James Kennedy, Volume 1 Kennedy Parking Photos 10/13 Documents Produced by James Kennedy, Volume 1, Seyler Bridge Photos 17

18 (More) 10/14 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) 10/15 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) 10/16 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) 10/17 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) 10/18 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) 10/19 Documents Produced by James Kennedy, Volume 1, JCK JCL (Produced with Kennedy s Supplemental Responses to Petitioner s Second Discovery Requests) April 24, 2008 April 24, 2008 April 24, 2008 April 24, 2008 April 24, 2008 April 24, /20-23 Documents Produced, Volume 1 (Bates #00001 to #195) 10/24-28 Documents Produced, Volume 2 10/29 Exhibits 10/30 Exhibits: Maps and Surveyor s Reports for Seyler Lane* 11/1 Excerpt of Proceedings 11/2 Expert Witnesses 18

19 11/3 Gas Tax Maps 11/4-5 Jim s Hearing File July 25, /6 Indispensable Parties 11/7 Investigation and Handling, Volume 1 11/8 Law Review Article, ROW on the Ruby 11/9 Legal Research, Volume 1, Analysis of Law 11/10 Legal Research, Volume 1, Encroachment Status 11/11 Legal Research, Volume 1, Harvard Law Review 4 Unconstitutional Conditions, State Power, and the Limits of Consent /12 Legal Research, Volume 1, L.S. Tellier, American Law Reports 11/13 Legal Research, Volume 1, Mandamus 11/14 Legal Research, Volume 1, Writ 11/15 Legal Research, Volume 2 11/16 Legal Research, Volume 2, Motion to Dismiss 11/17 Legal Research, Volume 2, Our Lady of the Rockies, Inc. v. Peterson, et al. 11/18 Legal Research, Volume 2, Roe Family, LLC v. Lincoln County Board of Commissioners, et al. 11/19 L.S. Tellier, American Law Reports 11/20 Madison County s Responses to Intervenor s First Discovery 11/21 Minutes of Meeting of the Madison County Commission 11/22 Montana Fifth Judicial District Court, Madison County Transcript of Proceedings 19

20 11/23 Mootness Research 11/24 Newspaper Articles 11/25 Oral Argument, Introduction 11/26 Oral Argument Materials: Case Summaries 11/27 Oral Argument Materials: Montana Road Cases 11/28 Oral Argument Materials: Out of State Road Cases 11/29 Oral Argument Materials: Stream Access 11/30 Oral Argument Supreme Court Briefs: Appellant s Opening Brief 11/31 Oral Argument Supreme Court Briefs: Brief of Appellee and Cross-Appellant James C. Kennedy 11/32 Oral Argument Supreme Court Briefs: Brief of Appellee (Madison County) 11/33 Oral Argument Supreme Court Briefs: Property and Environmental Research Center s Amicus Curiae Brief 11/34 Oral Argument Supreme Court Briefs: Untied Property Owners of Montana s Amicus Curiae Brief 11/35 Oral Argument Supreme Court Brief: Appellant s Reply and Answer to Cross Appeal 11/36 Oral Argument Supreme Court Brief: Brief of Intervenor, State of Montana 11/37 Oral Argument Supreme Court Brief: Brief of Amicus Curiae Montana Trout Unlimited 11/38 Oral Argument Supreme Court Brief: Reply Brief of Appellee and Cross-Appellant James C. Kennedy 11/39-40 Originals of Docs Produced 20

21 11/41 Pleadings: Defendants Intervenors Montana Stockgrowers Association and Hamilton Ranches, Inc. s Responses to Plaintiff s First Set of Discovery Requests for Production Nos. 4 through 6 11/42 Pleadings, Volume 1 12/1 Pleadings, Volume 2 12/2 Pleadings, Volume 3 12/3 Pleadings, Volume 4 12/4 Pleadings, Volume 5 12/5 Pleadings, Volume 6 12/6 Pleadings, Volume 7, /7 Pleadings, Volume 7, /8 Pleadings, Volume 7, /9 Pleadings, Volume 7, /10 Pleadings, Volume 7, /11 Pleadings, Volume 7, /12 Pleadings, Volume 7, /1 Pleadings, Volume 8, /2 Pleadings, Volume 8, /3 Pleadings, Volume 8, /4 Public Lands Access Association Produced Documents 13/5 A Public Road Known as Seyler Lane: Introduction 13/6 A Public Road Known as Seyler Lane: Exhibit A-1 A

22 13/7 A Public Road Known as Seyler Lane: Exhibit A-9 A-9A 13/8 A Public Road Known as Seyler Lane: Exhibits A-10 A-14 13/9 A Public Road Known as Seyler Lane: Exhibits B-1 C-2 13/10 A Public Road Known as Seyler Lane: Exhibits D-1 D-2 13/11 A Public Road Known as Seyler Lane: Exhibits E-1-E-3 13/12 Settlement 13/13 Signatures of Ruby River Rec Users 13/14 Stream Access Legislation 13/15 Supreme Court Pleadings: Appellant s Objection to Petition for Rehearing of Appellee and Cross-Appellant James C. Kennedy 13/16 Supreme Court Pleadings: Petition for Rehearing of Appellee and Cross Appellant James C. Kennedy 13/17 Supreme Court Pleadings: Appellant s Opening Brief 13/18 Supreme Court Pleadings: Brief of Appellee 13/19 Supreme Court Pleadings: United Property Owners of Montana s Amicus Curiae Brief 13/20 Supreme Court Pleadings: Property and Environment Research Center s Amicus Curiae Brief 13/21 Supreme Court Pleadings: Brief of Appellee and Cross- Appellant James C Kennedy 13/22 Supreme Court Pleadings: Appellant s Reply and Answer to Cross Appeal 13/23 Supreme Court Pleadings: On Appeal from the Montana Fifth Judicial District Court, Madison County, the Honorable Loren Tucker, Presiding 22

23 13/24 Supreme Court Pleadings: Brief of Amicus Curiae Montana Trout Unlimited 13/25 Supreme Court Pleadings: Appendix to Brief of Appellee and Cross-Appellant James C. Kennedy 13/26 Supreme Court Pleadings: Reply Brief of Appellee and Cross- Appellant James C. Kennedy 13/27-29 Surveyor s Report /30 Transcript of Court Proceedings 13/31-32 Transcript of Proceedings on Appeal 13/33 Transcript of Proceedings June 20, /34 Transcript of Court Proceedings July 25, /35 Transcript of Proceedings August 3, /36 Transcript of Proceedings February 22, /37-38 Trial Exhibits 14/1 Trail Exhibits 14/2-5 Trial Notebook: Cases 14/6 Trail Notebook: Exhibits 14/7 Trail Notebook: Expert Witness Report 14/8 Trial Notebook: Literature 14/9 Trail Notebook: Legal Pad Notes 14/10 Trail Notebook: Supplemental Documents 14/11 U of M Memo Re: Final Policy on Stream Access 23

24 14/12 Ruby River Case Maps* Names and Subjects Kim Allen Scott,