MADISON COUNTY v. ELFORD

No. 82-215.

661 P.2d 1266 (1983)

MADISON COUNTY, a body politic, and the Madison County Commission, Plaintiffs and Respondents, v. Ed ELFORD and Ethlyn Vivian Elford and Elford Ranches, a Mont. corp., & Lloyd C. Brewton & Billie B. Brewton, Defendants and Appellants.

Supreme Court of Montana.

Decided April 1, 1983.

Rehearing Denied May 5, 1983.


Attorney(s) appearing for the Case

Poore, Roth & Robinson, Rick Anderson, Butte, for defendants and appellants.

Loren Tucker, County Atty., Virginia City, for plaintiffs and respondents.


SHEEHY, Justice.

Elford Ranches and Lloyd and Billie Brewton appeal from a judgment in a condemnation action entered in the District Court of the Fifth Judicial District, Madison County. The judgment granted to Madison County a prescriptive easement to an existing road and condemned certain tracts of land, all of which were owned by the Elfords and Brewtons. The existing private road and the condemned land were to be used by Madison County for the construction of...

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