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04;1""C'Al 05/29/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0292
OP 20-0292
MONTANA BOARD OF ENVIRONMENTAL
FILED
REVIEW, MAY 2 9 2020
Bowen Greenwood
Clerk of Suprerne Court
Petitioner, State nf Montana
v.
ORDER
MONTANA SIXTEENTH JUDICIAL DISTRICT
COURT,ROSEBUD COUNTY,HON.
KATHERINE M.BIDEGARAY,
Respondent.
Petitioner Montana Board of Environmental Review (BER) seeks a writ of
supervisory control directing the Sixteenth Judicial District Court, Rosebud County, to
reverse its March 12, 2020 Order Denying Respondent Montana Board of Environmental
Review's Motion to Dismiss its Cause No. DV 19-34. BER had sought dismissal because
it contended it was not a necessary named party in the underlying action. BER further
requests a stay of proceedings in the District Court pending the outcome of this Petition.
Having reviewed the Petition and the challenged Order, this Court deems it
appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P.
14(7),
IT IS ORDERED that the Sixteenth Judicial District Court and Montana
Environmental Center and Sierra Club, the Petitioners in the underlying matter, are each
granted thirty days from the date of this Order, to prepare, file, and serve a response(s) to
the petition for writ of supervisory control.
IT IS FURTHER ORDERED that the proceedings in the underlying case are
STAYED pending this Court's decision on the Petition.
The Clerk is directed to provide immediate notice of this Order to counsel for
Petitioner, all counsel of record in the Sixteenth Judicial District Court, Rosebud Bow
County, Cause No. DV-19-34, and the Honorable Katherine M. Bidegaray, presiding
Judge.
Dated this bay of May,2020.
Justice
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