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ELK PARK RANCH, INC. v. PARK COUNTY

No. 96-664.

935 P.2d 1131 (1997)

ELK PARK RANCH, INC., a Montana Corporation; Channell Libbey; David A. Haug; Charles Kesting; David Amsk; Robert Payne; and Lemont Land Corp., a Montana Corporation, Plaintiffs and Appellants, v. PARK COUNTY, a political subdivision of the State of Montana, and the Clerk and Recorder of Park County, Defendants and Respondents.

Supreme Court of Montana.

Decided April 8, 1997.

Attorney(s) appearing for the Case

James A. McLean, Drysdale, McLean & Nellen, Bozeman, for Plaintiffs and Appellants.

Tara DePuy, Park County Attorney, Livingston, for Defendants and Respondents.

HUNT, Justice.

Appellants Elk Park Ranch, Inc., et al. (Landowners), appeal the decision of the Sixth Judicial District Court, Park County, granting Respondent Park County's motion for summary judgment.

ISSUES

The Landowners raise two issues on appeal:

1. Did the District Court err in determining that the Landowners could not create twenty-acre tracts of record from a larger parcel by executing and recording a series of one-party deeds...

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