02/08/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0373

DA 22-0373 _________________ KAGECO ORCHARDS, LLC, a Montana Limited Liability Company, Plaintiff and Appellant, v. ORDER MONTANA DEPARTMENT OF TRANSPORTATION, a Montana Administrative Agency, Defendant and Appellee. _________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Deborah Kim Christopher, District Judge.

For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court February 8 2023