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WOHL v. CITY OF MISSOULA

No. DA 11-0490.

300 P.3d 1119 (2013)

2013 MT 46

369 Mont. 108

Glen and Johanna WOHL, et al., Plaintiffs, Appellees and Cross-Appellants, v. CITY OF MISSOULA and John Does 1-20, Defendants, Appellants, and Cross-Appellees.

Supreme Court of Montana.

Decided February 27, 2013.

Rehearing Denied March 26, 2013.

Attorney(s) appearing for the Case

Martin S. King ; Worden Thane P.C.; Missoula, Montana, Jim Nugent ; Susan Aaberg Firth ; City Attorney's Office; Missoula, Montana, for Appellant.

Thomas C. Orr ; P. Mars Scott Law Offices; Missoula, Montana, for Appellee.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Plaintiffs are a group of landowners (Landowners1) who own properties abutting South Avenue in the City of Missoula. The instant lawsuit arose out of a dispute between Landowners and the City concerning the width of the public right-of-way constituting South Avenue. Following a bench trial, the Fourth Judicial District Court, Missoula...

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