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INGRAM-CLEVENGER, INC. v. LEWIS & CLARK CTY.

No. 81-14.

636 P.2d 1372 (1981)

INGRAM-CLEVENGER, INC., a MONTANA CORPORATION, EDWARD P. McHUGH, GENE R. AND MARGARET L. PORTER, ET AL., PLAINTIFFS AND RESPONDENTS, v. LEWIS AND CLARK COUNTY; LEWIS & CLARK BOARD OF COUNTY COMMISSIONERS; BOB DECKER; ET AL., DEFENDANTS AND APPELLANTS.

Supreme Court of Montana.

Decided October 20, 1981.

Attorney(s) appearing for the Case

Charles A. Graveley, County Atty., Helena, for defendants and appellants.

Keller, Reynolds, Drake, Sternhagen & Johnson, Gough, Shanahan, Johnson & Waterman, Helena, for plaintiffs and respondents.

WEBER, Justice.

Defendant Lewis and Clark County Board of Commissioners appeals from the order of the First Judicial District Court granting plaintiffs' petition for a peremptory writ of mandamus directing the defendant to grant plaintiffs' petition to partially abandon the County's claim of right-of-way easement to the outer twenty feet on each side of McHugh Lane, thus reducing the easement from one hundred feet to sixty feet.

The county commissioners present...

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