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LEFFINGWELL RANCH, INC. v. CIERI

No. 95-429.

916 P.2d 751 (1996)

LEFFINGWELL RANCH, INC., a Montana corporation; and Peckenpaugh Ranches, Inc., a Montana corporation, Plaintiffs and Respondents, v. Carlo CIERI, Jim Hunt, and Terry Sarrazin, Members of the Board of County Commissioners of Park County, Montana; Park County, a political subdivision of the State of Montana, Defendants, and Elk Park Ranch, Inc., a Montana Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided May 14, 1996.

Attorney(s) appearing for the Case

Karl Knuchel, Livingston, for Elk Park Ranch, Inc.

Jeffrey N. Pence, Huppert & Swindlehurst, Livingston, for respondents.

TRIEWEILER, Justice.

On April 19, 1993, Leffingwell Ranch, Inc., and Peckenpaugh Ranches, Inc., filed a complaint in the District Court for the Sixth Judicial District in Park County in which they sought a declaratory judgment regarding the status of Miles Creek Road and the extent to which the defendant, Elk Park Ranch, Inc., could use that road. Following a nonjury trial, the District Court entered its judgment and decree in which it held that Miles Creek Road was...

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