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WEATHERWAX v. YELLOWSTONE COUNTY

No. 01-099.

75 P.3d 788 (2003)

2003 MT 215

James S. WEATHERWAX, Eleanor T. Weatherwax, Richard G. Geck and Helen E. Geck, Plaintiffs and Respondents, v. YELLOWSTONE COUNTY, Defendant and Appellant.

Supreme Court of Montana.

Decided August 19, 2003.

Attorney(s) appearing for the Case

For Appellant: Dennis Paxinos, Yellowstone County Attorney, Richard Helm, Deputy Yellowstone County Attorney, Billings, Montana.

For Respondents: Jock B. West, West, Patten, Bekkedahl & Green, Billings, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Yellowstone County appeals a decision of the District Court for the Thirteenth Judicial District finding that the width of the County's easement over the Lower Canal Road is twenty feet, not sixty feet, and ordering the County to replace several cattle guards it had removed from the road. We affirm.

¶ 2 The County raises the following issues on appeal:

¶ 3 1. Did the District...

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