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DOME MOUNTAIN RANCH, LLC v. PARK COUNTY

No. 01-145.

37 P.3d 710 (2001)

2001 MT 289

DOME MOUNTAIN RANCH, LLC, Plaintiff and Appellant, v. PARK COUNTY, a Political Subdivision of the State of Montana, acting by and through its County Commissioners, Jim Hunt, Terry Sarrazin and Dan Gutebier, Defendants and Respondents.

Supreme Court of Montana.

Decided December 20, 2001.

Attorney(s) appearing for the Case

John C. Brown, Cok, Wheat, Brown & McGarry, PLLP, Bozeman, MT, for Appellant.

Tara DePuy, Park County Attorney, Livingston, MT, for Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Dome Mountain Ranch, LLC ("Dome Mountain"), appeals from the Findings of Fact, Conclusions of Law and Judgment of the Montana Sixth Judicial District Court, Park County, determining that a road located on Dome Mountain's property is a county road established through prescriptive use.

¶ 2 We reverse and remand for proceedings consistent with this Opinion.

¶ 3 The following issue...

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