Kafka, et al. v. Montana Department of Fish, Wildlife and Parks, et al., 2008 MT 460 (Mont. Sup. Ct. 2008); Buhmann, et al. v. Montana, et al. 2008 MT 465 (Mont. Sup. Ct. 2008)

(court affirms trial court decision denying plaintiffs' Fifth Amendment takings claim involving enactment and enforcement of Initiative 143; plaintiffs own and operate alternative livestock game farms at which persons pay large sums of money to shoot captive animals within the confines of a game farm; Initiative 143 barred the fee-based shooting of game animals or alternative livestock; no taking under Penn Central analysis because Initiative did not eliminate all uses of alternative livestock as plaintiffs could still harvest animals for meat or antlers, or sell them in out-of-state markets where fee shooting still legal). 

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