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EAGLE RIDGE RANCH v. PARK COUNTY

No. 97-047.

938 P.2d 1342 (1997)

EAGLE RIDGE RANCH LIMITED PARTNERSHIP, a Montana limited partnership, Plaintiff and Respondent, v. PARK COUNTY, 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 this Complaint adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent, Defendants and Appellants.

Supreme Court of Montana.

Decided June 3, 1997.

Attorney(s) appearing for the Case

Tara DePuy, Park County Attorney, Livingston, for Appellant.

Michael J. Lilly; Berg, Lilly, Andriolo & Tollefsen; Bozeman, for Respondent.

REGNIER, Justice.

Eagle Ridge Ranch filed a complaint for declaratory judgment against Park County requesting that the Sixth Judicial District Court, Park County, order a road on its property be declared a private road. The District Court granted Eagle Ridge Ranch's motion for summary judgment. Park County appeals from an order of reconsideration of the District Court which denied its request to amend its answers to interrogatories after Eagle Ridge had filed a motion...

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