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Citing Wyoming corner-crossing case, hunters sue Montana for public land access – WyoFile

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Citing Wyoming corner-crossing case, hunters sue Montana for public land access – WyoFile


Montana’s lieutenant governor made clear that corner crossing remains trespassing in her state, despite a Wyoming case decided in favor of access to public land.

Lt. Governor Kristen Juras made her remarks Thursday at a legal forum at the Miles City Bucking Horse Sale, where she called the Wyoming corner-crossing case “unique” and said that Montana had a “different precedent” that allows it to criminalize the act.

She defended a Jan. 21 memo to game wardens declaring “corner crossing remains unlawful in Montana.” The memo authorizes them to cite corner-crossing hunters and others under state game and trespass laws.

Montana Lt. Governor Kristen Juras. (Office of Gov. Greg Gianforte.)

The day Juras made her remarks, public land advocates sued Montana Fish, Wildlife and Parks, asking a district court to block enforcement of the memo.

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The suit by Montana Backcountry Hunters and Anglers and Public Land And Waters Access names the wildlife agency and Director Christy Clark as defendants. The groups cite the Wyoming corner-crossing case in which hunters prevailed. Ruling on that Wyoming case, the 10th Circuit Court of Appeals held that corner crossing is legal in Wyoming, Colorado, Utah, New Mexico, Kansas and Oklahoma.

That should apply to Montana, even though it is not in the 10th Circuit’s jurisdiction, the new lawsuit states.

“The 10th Circuit Court of Appeals just last year held that Defendant [Montana, Fish, Wildlife and Parks] is wrong,” the new lawsuit states.

Corner crossing is the act of stepping from one piece of public land to another where ownership is arranged in a checkerboard pattern. Corner crossers do not set foot on kitty-corner sections of private property but do momentarily pass through the airspace above it.

Whether corner crossing is legal affects public access to 871,000 acres of public land in the Treasure State, public land advocates say. Juras said the “corner-locked” acreage — public land accessible by corner crossing alone — is about half that.

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Unconstitutional directive?

The suit against Montana Fish, Wildlife and Parks asserts that the memo authored by Director Clark violates administrative rule-making laws and the state constitution. The complaint goes further, claiming that Clark’s interpretation of Montana’s criminal and hunting laws “is an incorrect statement of Montana law and directly in conflict with federal law governing much of the lands at issue.”

The suit claims that treating corner crossing as a crime damages John Sullivan and Dylan Pipinich, who recreate on public land and have corner-crossed to do so.

“For generations, Montanans have responsibly corner-crossed to hunt, fish, and recreate on public lands without ever being found guilty of trespass,” Backcountry Hunters and Anglers said in a Facebook post. “Our lawsuit challenges that administrative overreach and seeks a durable path forward for law abiding citizens to hunt and access their shared public lands while ensuring private property rights are respected.”

The complaint by the two public access groups states that Clark’s memo “does not cite any Montana statute or court decision establishing that corner crossing is illegal, nor did it address a recent Federal Circuit Court Decision directly addressing the issue.

“[N]ot a single Montana Court decision supports FWP’s position,” the lawsuit states.

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Zach Smith holds the ladder used to surmount fence posts to reach public land adjacent to Elk Mountain Ranch in this exhibit filed in the trespassing lawsuit. (Exhibit/U.S. District Court)

Montana’s trespass and hunting laws “focus on physical contact, occupation of land, and actual interference with property rights owned,” the suit states. The laws “require more than momentary crossing of undefined airspace” before they can be used to charge a person, according to the public-access advocates.

Fish, Wildlife and Parks “is specifically ‘interpreting’ the momentary act of de minimus [sic] airspace crossing as ‘entering private land’ or being ‘on private property’ with no statutory direction from the legislature,” the suit states.

Backcountry Hunters and the Public Land and Waters Access, an organization whose members say access to public lands and waters is fundamental to the identity of Montana, reject the common law ad coleum doctrine that holds that landowners also own from the depths to the heavens. The groups cite a 1946 U.S. Supreme Court decision that says the concept “has no place in the modern world.”

The new lawsuit also states that Fish, Wildlife and Parks has a public trust duty to ensure access. The suit claims that cases involving river access even allow contact with private land and should apply to corner crossing.

Courts have decided that “in order for the public to recreationally use its water resource, some ‘minimal’ contact with the banks and beds of rivers is generally necessary,” the two advocacy groups say. “[P]ublic access to public land at common corners is the same as public access to public water,” the suit states.

Ruling on the Wyoming case, the federal 10th Circuit Court of Appeals held that the 1885 Unlawful Inclosures Act “prevents any landowner from implementing a program that prevented hunters from corner-crossing,” the groups’ suit reads.

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“‘It is perfectly proper for [Montana courts] to use criteria developed in federal cases’ when state law is silent or lacking,” the suit states.

Bucking the 10th Circuit

Montana’s Lt. Governor Juras said the 10th Circuit opinion doesn’t apply in Montana’s 9th Circuit, which covers Montana, Washington, Oregon, California, Idaho, Nevada and Arizona.

“We do have different precedent,” she said. “That is why our administration feels strongly.

“We have Montana case law that does allow [prosecution of] trespass into airspace, both at the district court and the Montana Supreme Court level,” she said. “So we truly are under a different legal paradigm than the 10th Circuit.”

“We have Montana case law that does allow [prosecution of] trespass into airspace, both at the district court and the Montana Supreme Court level.”

Kristen Juras

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The 10th Circuit limited its ruling to federal public lands that can only be reached by corner crossing, she said.

“So if there is some other road,” Juras said, “even if it’s inconvenient, even if it means you have to hike another two miles, or you have to go over a mountain or across the stream, you need to use whatever available public access is there.”

A lot of corner monuments are affixed to trees, she said, making corner crossing at such points impossible.

“You literally can’t walk across it,” she said of a tree monument. “That takes away all the corner crossings with a marker on the tree.”

The fence ladder used by hunters in the corner-crossing case. (Wyoming Game and Fish Department)

Juras also raised the issue of fencing and whether a corner-crosser who touches a fence is trespassing by contacting private property. The Wyoming case appears to discount that theory because the Unlawful Inclosures Act deems that a fence cannot be used to block public access.

Montana landowners build fences “with legitimate, good faith intent to contain your livestock,” Juras said. The intent “is not to lock out people from using the corner.”

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In Montana’s 9th Circuit, a landowner’s fence-building intent — whether to contain stock or deter corner crossers — is relevant, she argued. If fences are built to contain livestock, a corner crosser who touches one would be trespassing unless they used a ladder or stile, she argued.

The U.S. Supreme Court rejected an appeal from the Elk Mountain landowner who wanted it to overturn the 10th Circuit’s ruling that favored public access. But that doesn’t mean it endorsed the 10th Circuit’s reasoning, Juras said.

It is possible, depending on how the new Montana case evolves, that the Supreme Court would be more interested in considering corner crossing if the new lawsuit ends in a determination that’s different from the conclusion reached by the 10th Circuit.

Meanwhile, Juras said her concern “is that hunters are going to overly interpret what a corner crossing means, and don’t understand how narrow and what the tests are and how strictly you have to comply with them in order to meet the standards set out by the 10th Circuit.”

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Montana Lottery Mega Millions, Big Sky Bonus results for June 26, 2026

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The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at June 26, 2026, results for each game:

Winning Mega Millions numbers from June 26 drawing

05-13-30-33-52, Mega Ball: 06

Check Mega Millions payouts and previous drawings here.

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Winning Big Sky Bonus numbers from June 26 drawing

07-08-20-22, Bonus: 12

Check Big Sky Bonus payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

  • Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • Big Sky Bonus: 7:30 p.m. MT daily.
  • Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Montana Cash: 8 p.m. MT on Wednesday and Saturday.
  • Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.



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EXCLUSIVE: 2 ‘Exceptionally Rare’ Ski-In, Ski-Out Montana Mansions Head to Auction in Big Sky—and Could Sell for a Serious Steal

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EXCLUSIVE: 2 ‘Exceptionally Rare’ Ski-In, Ski-Out Montana Mansions Head to Auction in Big Sky—and Could Sell for a Serious Steal


A pair of stunning Montana ski homes are going under the hammer in the exclusive resort of Big Sky—where they could sell for well below their market value, having been offered up with no reserve.

Currently listed for a combined total of $13 million, the “exceptionally rare” dwellings are both located within the exclusive Spanish Peaks Mountain Club community—and come complete with full access to all of the incredible amenities that the private club has to offer, including “a Tom Weiskopf-designed 18-hole Championship Golf Course, a 10-hole Par 3 course, preferred access to Montage Big Sky, and a private clubhouse featuring dining, a bar, fitness center, pro shop, pool, and hot tub.”

Now, the properties will be sold off to the highest bidder when they are auctioned off with Trayor Lesnock, founder and president of Platinum Luxury Auctions, in cooperation with listing agents Greg Smith and Amelia Turbyfill of Engel & Völkers.

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The larger of the two residences, which are both currently owned by Mark and Jennifer Kozubal, was placed on the market for $7.25 million in 2025, having been completed in 2023. It was more recently listed for the reduced price of $6.68 million.

Spanning more than 4,200 square feet, it features five bedrooms and five bathrooms, as well as a beautiful chef’s kitchen, ideal for hosting large groups. There are also “multiple living areas designed for entertaining and hosting family and friends,” according to the listing.

A pair of stunning Montana ski homes—including a 4,200-square-foot manse—are set to go under the hammer in the exclusive resort of Big Sky, where they could sell for as little as $1 each, having been offered up with no reserve.Mason Messner Doorstep Co.
The second property offers just under 3,000 square feet of living space, including four bedrooms and 3.5 bathrooms—as well as “direct ski-in, ski-out access.”Mason Messner Doorstep Co.

Combining classic Alpine style with “sleek, modern finishes,” the property offers both comfort and elegance, as well as incredible privacy, thanks to its plum location at the end of a quiet street.

Boasting incredible proximity to both the club’s golf courses and the Big Sky slopes, the property features an array of amenities designed to create a relaxing sanctuary where owners and their guests can retreat after a busy day of sporting activity.

“After a day on the ski slopes or a round of golf, relax in your private hot tub, cozy up by the fireplace, or cook a meal in the chef-inspired kitchen,” the description states.

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The second property offers just under 3,000 square feet of living space, including four bedrooms and 3.5 bathrooms—as well as “direct ski-in, ski-out access with groomed connectivity to Big Sky Resort terrain,” according to its listing.

Much like the other residence, the second dwelling—which was brought to the market in January with an asking price of $6.25 million—has been designed specifically for those with a passion for outdoor living, providing the ideal setting in which to unwind after a long day of skiing or golfing.

“The residence includes open-concept living spaces designed for gathering after skiing, hiking, or riding, complemented by warm mountain finishes throughout,” the listing notes.

For those seeking to enjoy year-round life on the mountain, the property has been outfitted with a number of unique features that ensure a comfortable, luxurious experience no matter the weather, including “whole-home humidification and water purification systems.”

The larger of the two residences, which are both currently owned by Mark and Jennifer Kozubal, was placed on the market for $7.25 million in 2025, having been completed in 2023. It was more recently listed for the reduced price of $6.68 million.
Spanning more than 4,200 square feet, it features five bedrooms and five bathrooms, as well as a beautiful chef’s kitchen, ideal for hosting large groups. Mason Messner Doorstep Co.
It also offers “multiple living areas designed for entertaining and hosting family and friends,” according to the listing. Mason Messner Doorstep Co.
Boasting incredible proximity to both the club’s golf courses and the Big Sky slopes, the property features an array of amenities designed to create a relaxing sanctuary where owners and their guests can retreat after a busy day of sporting activity.Mason Messner Doorstep Co.

Beyond the impressive infrastructure, other alluring amenities include a “full-home audio and visual system,” as well as a dedicated eight-locker ski boot room that opens directly onto the nearest ski trail.

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“Outdoor amenities include beautiful landscaping and a stone fireplace seating area positioned along the ski trail, with expansive views to the surrounding mountains,” the listing description continues.

However, perhaps the most tempting aspect of both properties is the fact that they could be sold for well below market value—presenting a truly rare opportunity for buyers to secure property in an area where luxury home sales are booming and price tags are regularly set in the seven-figure range.

“Opportunities like these are exceptionally rare in Big Sky,” seller Mark Kozubal explains. “These two Spanish Peaks Highlands homes offer true ski-in/ski-out access to a lightly used lift that connects directly into Big Sky Resort, creating an almost private ski experience with little to no wait.

“Combined with the privacy, beauty, and prestige of Spanish Peaks, these properties stand apart as truly unique mountain residences.”

Both properties are conveniently located within one of the most exclusive enclaves in Big Sky, offering proximity to both the area’s stunning ski resorts and the Yellowstone Club, which has long been one of the most star-studded neighborhoods in the area.

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Among those celebrities who are rumored to have purchased properties at the Yellowstone club are NFL star Tom Brady, musician Justin Timberlake and his actress wife Jessica Biel, and Microsoft billionaire Bill Gates.

The second dwelling—which was brought to the market in January with an asking price of $6.25 million—has been designed specifically for those with a passion for outdoor living.Mason Messner Doorstep Co.
“The residence includes open-concept living spaces designed for gathering after skiing, hiking, or riding, complemented by warm mountain finishes throughout,” the listing notes. Mason Messner Doorstep Co.
Beyond the impressive infrastructure, other alluring amenities include a “full-home audio and visual system,” as well as a dedicated eight-locker ski boot room that opens directly onto the nearest ski trail. Mason Messner Doorstep Co.
Both properties are conveniently located within one of the most exclusive enclaves in Big Sky, offering proximity to both the area’s ski resorts and the Yellowstone Club, which has long been one of the most star-studded neighborhoods in the area. Mason Messner Doorstep Co.

“Spanish Peaks is one of the premier private residential clubs in the West,” the club’s website notes. “Here, you can experience world-class skiing and golf, fine food and drink, spectacular natural beauty and so much more. This is mountain living at its best.”

Auctioneer Lesnock emphasizes that the opportunity to secure homes in such a luxury-leaning market for what could be a truly bargain price is not something that happens very often.

“Single-family homes within Spanish Peaks have solidly maintained an entry point of at least $5 million, so the ability for buyers to ‘name their price’ in these without reserve auctions represents a substantial purchase opportunity compared to this status quo,” he explains.

“In addition to the high caliber of each property, the community’s world-class golf, ski and wellness amenities are integral parts of the overall formula that continues to attract affluent, second-home buyers to Spanish Peaks from around the world.”

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As for why the owners have chosen to pursue an auction, rather than waiting for the homes to sell in a more traditional manner, Lesnock says this process will help them to secure a sale in a timely manner, without having to hang around for months on end in the hopes that a buyer will come forward.

“Under the luxury auction process, we’re giving buyers not only that economic purchase opportunity, but also the guarantee of a seamless, non-contingent sale, free of the haggling and aggravations that can plague traditional, luxury property transactions,” he shares.

“The sellers also benefit in accord, knowing they have a date-certain sale and a clear path to their ‘Next Step.’”

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‘Hannah Montana’s Mitchel Musso On Why He Missed 20th Anniversary

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‘Hannah Montana’s Mitchel Musso On Why He Missed 20th Anniversary


After Miley Cyrus reunited with her alter ego for the Hannah Montana 20th anniversary special in March, one of her co-stars is explaining his absence.

Mitchel Musso, who played Hannah’s friend Oliver Oken on the Disney Channel show, noted he had a scheduling conflict, but he would have made time for the reunion if it was a new episode of the 2006-’11 series or a movie.

“The kid in me was banking on it, like ‘I can’t wait for us to all be on set again,’ and it just didn’t work out that way,” he said on the Joe Vulpis Podcast. “Do something other than what was done. Like, do an episode. Do the show. The set’s still there. Or it can be dressed very quick with somebody who’s a pro, and they did that for that and just did it differently.”

Musso continued, “It is what it is. But it wasn’t the right thing and I was busy doing something that was more important, right? But it would have been way more important if it would have just been an episode, or a movie, or a whatever. Of course, that would have been more important.”

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The actor said he would have “dropped everything” if it meant getting back into character as Oliver. “It would have been everything,” he said.

Shanica Knowles, Anna Maria Perez de Tagle, Miley Cyrus, Cody Linley, Jason Earles and Moisés Arias attend the premiere of Disney’s ‘Hannah Montana 20th Anniversary Special’ on March 23, 2026 in Los Angeles, California. (Brianna Bryson/WireImage)

“It didn’t turn out that way… Of course they asked me. But like I said, it wasn’t presented correctly,” added Musso. “And I’ve been waiting 10 years. You know, the people they say 20. My break’s been 10. So, it’s too long of a wait to do it in a way that isn’t even close to, in my opinion, correct.”

Emily Osment, who played Miley and Oliver’s friend Lilly Truscott, was also absent from the reunion special, noting she was busy filming Georgie & Mandy’s First Marriage but feels “lucky to have been a part of this once-in-a-generation goliath of a television show” like Hannah Montana.

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