ONLY A MILE, LLP v. STATE

No. DA 09-0525.

233 P.3d 320 (2010)

2010 MT 99

356 Mont. 213

ONLY A MILE, LLP, a Montana Limited Liability Partnership, Plaintiff and Appellant, v. STATE of Montana and Missoula County, Defendants and Appellees.

Supreme Court of Montana.

Decided May 4, 2010.


Attorney(s) appearing for the Case

For Appellant: Fred Simpson, Stefan W. Farr, Bohyer, Simpson & Tranel, PC, Missoula, Montana.

For Appellee State of Montana: Tommy H. Butler, Mark C. Phares, Special Assistant Attorney General, Montana Department of Natural Resources and Conservation, Helena, Montana.

For Appellee Missoula County: Fred Van Valkenburg, Missoula County Attorney, D. James McCubbin, Deputy County Attorney, Missoula, Montana.


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

¶ 1 This appeal arises out of a right-of-way dispute in eastern Missoula County, near Ovando, Montana. Only A Mile (OAM), a limited liability partnership, sued to quiet title against the State of Montana and others who might claim an interest in the disputed property that once constituted an old county roadway right-of-way. Following a bench trial, the Fourth Judicial District Court entered judgment...

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