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KNIGHT v. CITY OF MISSOULA

No. 91-307.

827 P.2d 1270 (1992)

Lorraine KNIGHT and the Estate of Ford Knight, Sam Miller and Kristine Miller, Lois Blevins and the Estate of Kenneth Blevins, Ronald Bloomquist and Kari Bloomquist, Richard Border and Sonja Border, Virginia Clinker and the Estate of Charles Clinker, Karl Coleman and Karen Coleman, Wayne Hiett and Cora Hiett, Thomas Hoshaw and Dorothy Hoshaw, Wayne Knutson and Dorothy Knutson, Peggy Kurtz, Robert Mullendore and Tana Mullendore, James Munro and Nancy Munro, Kevin Murphy and Judy Murphy, Leon Spitz and Cathy Spitz, Thomas Taylor and Joanne Taylor, Gordon Spring and Patti Spring, Theresa Cox, Plaintiffs and Appellants, v. The CITY OF MISSOULA, the County of Missoula, Defendants and Respondents.

Supreme Court of Montana.

Decided March 10, 1992.

As Clarified on Denial of Rehearing April 2, 1992.

Attorney(s) appearing for the Case

William C. Watt, Mullendore and Watt, Missoula, for plaintiffs and appellants.

Sarah M. Power, Gough, Shanahan, Johnson & Waterman, Helena, Jim Nugent, Missoula City Atty., Missoula, for defendants and respondents.

McDONOUGH, Justice.

Plaintiffs, Lorraine Knight, et al. (Knight), appeal from an order of the Fourth Judicial District, Missoula County, granting summary judgement in favor of the defendant, City of Missoula. Knight initiated nuisance and constitutional claims against the City of Missoula seeking closure of a dirt road and damages for injuries claimed to result from the creation and use of the dirt road. The District Court dismissed all of Knight's claims as a matter...

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