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RILEY v. CARL

No. 80-128.

622 P.2d 228 (1981)

Tom RILEY and Patricia Riley, Plaintiffs and Respondents, v. Fred G. Carl, James L. Lee, County of Missoula, William Wills, a/k/a Bill and Wills, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided January 16, 1981.

Rehearing Denied February 5, 1981.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Missoula, Robert L. Deschamps, III, County Atty., Missoula, for defendants and appellants.

Milodragovich, Dale & Dye, Balyeat, Kammerer & Rodli, Missoula, for plaintiffs and respondents.

HASWELL, Chief Justice.

Defendants Wills and Missoula County appeal from an order of the Fourth Judicial District Court, Missoula County, declaring Blixit Creek Road a county road subject to the duty of maintenance by Missoula County.

Blixit Creek Road is located near Potomac, Montana, in Missoula County. The road was first assigned a county road number in 1965, and was continuously maintained by the county from that time until January, 1977. Missoula County...

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