Legal Opinion · Concurring in part, dissenting in part

Public Lands Access Ass'n v. Board of County Commissioners

Montana Supreme Court

Decided January 16, 2014No. DA 12-0312Published

1Concurring in part, dissenting in partJustice McKINNON

¶83 I dissent from the Court’s decision as to Issues One through Three, regarding Seyler Lane and Seyler Bridge. In my view, the Court’s Opinion disregards more than a century of precedent governing prescriptive easements and undermines the balance the Legislature has struck between landowners and recreationists. As to Issue Five, I agree with the ultimate result the Court reaches regarding Lewis Lane and Lewis Bridge, but I do not agree with the Court’s reasoning. I thus specially concur as to that issue. 1

*308I. Width and Use of Public Right-of-Way at Seyler Lane and Seyler Bridge

¶84 At the…

2Cases cited55 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
  3. United States v. CausbySupreme Court of the United States · 1946
  4. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  5. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892

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