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ROE FAMILY v. LINCOLN COUNTY BD. OF COM'RS

No. DA 06-0815.

179 P.3d 514 (2008)

2008 MT 70

342 Mont. 108

ROE FAMILY, L.L.C., Plaintiff and Appellee. v. LINCOLN COUNTY BOARD OF COMMISSIONERS, Scott Bye, April Bye, John Austin Sarff, Lester Buhler, Joni Buhler, Gary W. Mason, Sandra Mason, and Does I Through V, Defendants and Appellants.

Supreme Court of Montana.

Decided February 26, 2008.

Attorney(s) appearing for the Case

For Appellant: Amy N. Guth, Attorney at Law, Libby, Montana.

For Appellee: Debra D. Parker, Attorney at Law, Missoula, Montana.

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

¶ 1 On November 21, 2006, the District Court of the Nineteenth Judicial District, Lincoln County, granted a declaratory judgment to Plaintiff Roe Family, LLC (Roe Family). The declaratory judgment established a county road between a piece of property owned by the Roe Family and an existing county road known as Black Lake Road. The road established by the declaratory judgment traverses the property...

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