McCLURG v. FLATHEAD COUNTY COM'RS

No. 14268.

587 P.2d 415 (1978)

Marion C. McCLURG and Lois K. mcClurg, husband and wife, Plaintiffs and Appellants, v. FLATHEAD COUNTY COMMISSIONERS, and Clifford Vinje, Road Supervisor, Defendants and Respondents.

Supreme Court of Montana.

Decided December 6, 1978.


Attorney(s) appearing for the Case

M. Keith McClurg, argued, Big Fork, for plaintiffs and appellants.

Patrick Springer, County Atty., Leonard A. Vadala, Deputy County Atty., argued, Kalispell, for defendants and respondents.


HASWELL, Chief Justice.

Plaintiffs appeal from an order of the District Court, Flathead County, setting aside a default entered in their favor by the clerk of said court.

Plaintiffs filed a declaratory judgment action seeking permission to barricade a road running through a corner of a parcel of land owned by them. They alleged that the road was an inconvenience to them in that automobiles often became stuck on a steep incline in the winter and put them to...

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