ELR Citation: ELR 20116
No(s). 03-35857 (9th Cir. Jun 13, 2005)

The court affirmed the dismissal of individuals' challenge to a Montana ballot initiative that regulates the licensing of alternative livestock ranches. The court is precluded from redeciding the individuals' takings claims because a final judgment was previously entered against them in a parallel state court case. And the court upheld the dismissal of their takings claim in federal court. Nor does the ballot initiative constitute impermissible retroactive legislation, violate the substantive Due Process Clause, or place an unconstitutional burden on interstate commerce. Last, the Eleventh Amendment bars the individuals' property rights claims against the state.