Legal Opinion

Garrison v. Lincoln County

Montana Supreme Court

Decided August 25, 2003No. 02-349PublishedCited by 10 opinions

1Opinion of the CourtJustice Cotter

¶1 Appellant Glenn Garrison (Garrison) brought an action against Lincoln County in the Nineteenth Judicial District Court, Lincoln County, alleging that the county had no right or interest in a road that crosses his property. Upon conclusion of a bench trial, the District Court held that the road is a county road. The court held alternatively that, even if the road was not a county road, the public had obtained a prescriptive easement covering the road. Garrison appeals. We affirm.

ISSUES

¶2 We restate the issues on appeal as follows:

1. Did the District Court err in concluding there was…

2Cases cited5 opinions

  1. State v. AuchardMontana Supreme Court · 1898
  2. Reid v. Park CountyMontana Supreme Court · 1981
  3. Warren v. Chouteau CountyMontana Supreme Court · 1928
  4. Pedersen v. Dawson CountyMontana Supreme Court · 2000
  5. Morton v. LanierMontana Supreme Court · 2002

3Cited by10 opinions

  1. Lee v. Musselshell CountyMontana Supreme Court · 2004
  2. Sayers v. Chouteau CountyMontana Supreme Court · 2013
  3. Powell County v. 5 Rockin' MS Angus Ranch, Inc.Montana Supreme Court · 2004
  4. Bugli v. Ravalli Cnty.Montana Supreme Court · 2018
  5. Public Land & Water v. RobbinsMontana Supreme Court · 2021

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