Chouteau County v. Sayers

Summary

The Montana Supreme Court affirmed summary judgment for Chouteau County in an action seeking removal of fences and gates obstructing a county road. The court held that Robert Sayers was barred by res judicata from relitigating whether Lippard Road was a county road, an issue decided in prior litigation.

Holdings

1. A final judgment precludes future litigation of the same issues between the same parties; therefore, res judicata barred Sayers from relitigating whether Lippard Road was a county road.
2. The district court correctly granted summary judgment to Chouteau County because Sayers was precluded from relitigating the controlling issue concerning Lippard Road.

Questions Presented

1. Whether res judicata barred Sayers from relitigating whether Lippard Road was a county road after that issue had been finally determined in prior litigation between the parties.
2. Whether the district court properly granted summary judgment to Chouteau County in the action seeking removal of fences and gates obstructing Lippard Road.

Disposition

affirmed