JEFFERSON v. McCAULEY RANCHES

No. 98-663.

994 P.2d 11 (1999)

1999 MT 333

JEFFERSON COUNTY, a political subdivision of the State of Montana, By and Through its BOARD OF COMMISSIONERS, Plaintiff and Respondent, v. McCAULEY RANCHES, a Limited Liability Partnership, Defendant and Appellant,

Supreme Court of Montana.

Decided December 29, 1999.

Rehearing Denied January 27, 2000.


Attorney(s) appearing for the Case

Gregory W. Duncan; Harrison, Loendorf, Poston & Duncan, Helena, Montana, For Appellant.

Valerie D. Wilson, Jefferson County Attorney, Boulder, Montana, For Respondent.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant McCauley Ranches (hereafter, McCauley) appeals from the judgment and order of the Fifth Judicial District, Jefferson County.

¶ 2 We affirm.

¶ 3 We restate the issues as follows:

¶ 4 1. Whether the District Court abused its discretion in enjoining McCauley from interfering with public access on McCarty Creek Road.

¶ 5 2. Whether there...

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