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PUBLIC LAND/WATER ACCESS ASS'N v. ROBBINS

DA 20-0145.

483 P.3d 1102 (2021)

2021 MT 75

PUBLIC LAND/WATER ACCESS ASSOCIATION, INC., Plaintiff and Appellant, v. Mark L. ROBBINS and Deanna M. Robbins; Robert "Robin" E. Fink (a/k/a Robert "Robin" Eli Fink) and Kathie Fink; David D. Murray; Cleo Boyce, Mary D. Boyce, Dan Boyce and Laura Boyce; Joanne Owens Pierce, and the Marabeth Owens Ostwald Revocable Trust Dated November 27, 2012; and The State of Montana; Fergus County, Montana, Defendants and Appellees.

Supreme Court of Montana.

Decided: March 30, 2021.

Attorney(s) appearing for the Case

For Appellant: J. Troy Redmon , Keeley McKay , Redmon Law Firm, PC, Bozeman, Montana, Paul Grigsby , Grigsby Law PLLC, Bozeman, Montana.

For Appellees Robin Fink, Kathie Fink, Mark Robbins, Deanna Robbins, Cleo Boyce, Mary Boyce, Dan Boyce, Laura Boyce, and nnnnnnnnDavid Murray: William W. Mercer , Matthew H. Dolphay , Holland & Hart LLP, Billings, Montana.

For Appellee State of Montana: Danna R. Jackson , Chief Legal Counsel, Ada Cordelia Montague , Special Assistant Attorney General, Montana Department of Natural Resources and Conservation, Helena, Montana.

For Appellee Fergus County: Kent M. Sipe , Fergus County Attorney, Lewistown, Montana.

¶1 Public Land/Water Access Association, Inc. ("PLWA"), appeals the Tenth Judicial District Court's judgment concluding that a Fergus County road was private because PLWA had not proven the existence of a public road by petition or by prescriptive easement. PLWA argues that (1) the District...

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