BAERTSCH v. COUNTY OF LEWIS AND CLARK

No. 91-062.

845 P.2d 106 (1992)

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 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 F. 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, Plaintiffs and 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 plaintiffs' ownership, or any cloud upon plaintiffs' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendant and Respondent.

Supreme Court of Montana.

Decided December 30, 1992.


Attorney(s) appearing for the Case

R.J. "Jim" Sewell, Jr., Lewis Smith, Smith Law Firm, Helena, for appellants.

Michael McGrath, Lewis and Clark County Attorney, K. Paul Stahl, Deputy County Attorney, Helena, for respondent.


HUNT, Justice.

This is an appeal from the judgment of the District Court of the First Judicial District, Lewis and Clark County. Plaintiffs, a group of landowners owning property adjacent to McHugh Drive near Helena (landowners), brought suit against defendant Lewis and Clark County (County) over a dispute regarding the right-of-way to McHugh Drive. The County claims a 100-foot right-of-way easement for McHugh Drive. The landowners contend, based on various legal...

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