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JOHNSON v. McMILLAN

No. 89-05.

778 P.2d 395 (1989)

Dave JOHNSON, Plaintiff and Respondent, v. Warren A. McMILLAN, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1989.

Attorney(s) appearing for the Case

John P. Atkins, Bryan & Atkins, Bozeman, for defendant and appellant.

H.A. Bolinger, Bozeman, for plaintiff and respondent.

McDONOUGH, Justice.

This appeal from the District Court of the Eighteenth Judicial District, Gallatin County, involves a dispute over public use of a road across appellant McMillan's property. The District Court permanently enjoined McMillan from interfering with use of the road holding that the road constituted a public way. Respondent Johnson had requested the relief granted by the lower court arguing that the road was a public way by virtue of prescriptive use...

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