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POWELL COUNTY v. 5 ROCKIN' MS ANGUS RANCH, INC.

No. 03-800.

102 P.3d 1210 (2004)

2004 MT 337

324 Mont. 204

POWELL COUNTY and Ralph and Charlotte Sievers, Plaintiffs and Respondents, v. 5 ROCKIN' MS ANGUS RANCH, INC., Defendant, Third-Party Plaintiff and Appellant, v. Donald T. Tamcke and Sharon Tamcke, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided November 30, 2004.

Rehearing Denied December 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Jon E. Doak, Doak & Associates, Billings, Montana.

For Respondents Powell County and Sievers: Bernard J. "Ben" Everett, Knight, Dahood, Everett & Sievers, Anaconda, Montana. Christopher G. Miller, Powell County Attorney, Deer Lodge, Montana.

For Respondents Tamcke: W. Arthur Graham, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Plaintiffs and Respondents Ralph and Charlotte Sievers ("Sievers") and Powell County initiated this action seeking declaratory judgment that two roads crossing through Defendant and Appellant 5 Rockin' MS Angus Ranch Inc.'s (the "Ranch") property are public roads. Sievers and Powell County (collectively "Respondents") further prayed for an order enjoining the...

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