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GARRISON v. LINCOLN COUNTY

No. 02-349.

77 P.3d 163 (2003)

2003 MT 227

Glenn GARRISON, Plaintiff and Appellant, v. LINCOLN COUNTY, Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 2003.

Rehearing Denied October 2, 2003.

Attorney(s) appearing for the Case

For Appellant: Christian J. Nygren, Milodragovich, Dale, Steinbrenner & Binney, Missoula, Montana.

For Respondent: Scott B. Spencer, Libby, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Glenn Garrison (Garrison) brought an action against Lincoln County in the Nineteenth Judicial District Court, Lincoln County, alleging that the county had no right or interest in a road that crosses his property. Upon conclusion of a bench trial, the District Court held that the road is a county road. The court held alternatively that, even if...

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