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BAERTSCH v. COUNTY OF LEWIS AND CLARK

No. 85-360.

727 P.2d 504 (1986)

Ralph BAERTSCH; Terry A. Browne and Susan G. Browne, husband and wife; Ingram-Clevenger, Inc., a Montana corporation; Norma J. Andriolo; Clinton H. Jenks and Clinton H. Jenks and Victoria J. Jenks, husband and wife; George Randall Fraser and Mary E. Fraser, husband and wife; Gerald Vern Evans and Yvone J. Evans, husband and wife; George A. Algard and Susan E. Algard, husband and wife; Harold R. Cranmer and Janet Cranmer, husband and wife; Charles J. Kassner; Carl Samuel Peil and Pamela A. Peil, husband and wife; Forrest A. Baertsch; McHugh Land & Livestock Co., a Montana corporation; Peter J. McHugh, Jr. and Mary J. McHugh, husband and wife; David B. Hahn and Carol W. Hahn, husband and wife, Appellants, v. COUNTY OF LEWIS AND CLARK, a political subdivision of the State of Montana, and all other persons unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon, the real property described in the Complaint, or any thereof, adverse to appellants' ownership, or any cloud upon appellants' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Respondents.

Supreme Court of Montana.

Decided September 12, 1986.

Rehearing Denied November 25, 1986.

Attorney(s) appearing for the Case

Smith Law Firm, P.C., Robert J. Sewell, Jr., Helena, for appellants.

Mike McGrath, Co. Atty., Peter Funk, Deputy Co. Atty., Helena, for respondents.

WEBER, Justice.

This is an appeal from the judgment of the District Court of the First Judicial District, in which the court dismissed the landowners' complaint and declared Lewis and Clark County the owner of the 100 foot right-of-way which constitutes McHugh Drive near Helena, Montana. We reverse and remand.

The controlling issue is whether the District Court erred in dismissing the action as barred. The other issues remain to be decided by the District...

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