Summary
The Montana Supreme Court affirmed summary judgment for Chouteau County in a dispute over whether the entire length of Lippard Road constituted a public county roadway. Applying the framework from Reid v. Park County, the Court held that the record as a whole established the contested section of the road as public and found no evidence that the County had abandoned it.
Holdings
- The Reid analysis applies when the parties dispute whether a historically established county road was validly created and the public record is old, incomplete, or uncertain; the district court properly considered the record as a whole.
- The entire contested section of Lippard Road extended past the Section 26 and 27 intersection to the railroad right-of-way and was established as a public county road.
Questions Presented
- Whether the District Court properly applied the whole-record analysis from Reid v. Park County to determine whether Lippard Road constituted a public roadway.
- Whether the District Court properly determined that the entire length of Lippard Road, including the contested section beyond the Section 26 and 27 intersection, constituted a public roadway.
Disposition
affirmed
Cases Cited (9)
- Reid v. Park County, 192 Mont. 231, 627 P.2d 1210 (1981)(followed)
- State v. Butte-Silver Bow County, 2009 MT 414, 353 Mont. 497, 220 P.3d 1115(followed)
- Galassi v. Lincoln County Board of Commissioners, 2003 MT 319, 318 Mont. 288, 80 P.3d 84(followed)
- Warren v. Chouteau County, 82 Mont. 115, 265 P. 676 (1928)(followed)
- Garrison v. Lincoln County, 2003 MT 227, 317 Mont. 190, 77 P.3d 163(followed)
- Prindel v. Ravalli County, 2006 MT 62, 331 Mont. 338, 133 P.3d 165(distinguished)
- Apple Park, LLC v. Apple Park Condominiums, 2008 MT 284, 345 Mont. 359, 192 P.3d 232(followed)
- State v. Fisher, 2003 MT 207, 317 Mont. 49, 75 P.3d 338(followed)
- McCauley v. Thompson-Nistler, 2000 MT 215, 301 Mont. 81, 10 P.3d 794(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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