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BAILEY v. RAVALLI COUNTY

No. 81-542.

653 P.2d 139 (1982)

Bruce J. BAILEY and Helen L. Bailey et al., Plaintiffs and Respondents, v. RAVALLI COUNTY, et al., Defendant and Appellant.

Supreme Court of Montana.

Decided November 3, 1982.

Attorney(s) appearing for the Case

Robert E. Brown, argued, County Atty., Hamilton, for defendant and appellant.

Baldassin, Connell & Beers, Missoula, Thomas J. Beers, argued, Missoula, for plaintiffs and respondents.

C. William Boggs, argued, Missoula, for amicus curiae.

HARRISON, Justice.

This appeal arises from an action for quiet title to one-half of the roadway adjoining lots owned by plaintiffs separately in Sunnyside Orchards No. 3, a platted orchard tract in Ravalli County, Montana. After trial on June 8, 1981, the District Court of the Fourth Judicial District found the land in question had been abandoned and closed by the Ravalli County Commissioners in 1944 and, as a result, reverted to the abutting owners, each receiving...

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