Walton v. City of Bozeman

Defendant City of Bozeman, appeals from a judgment entered on October 14, 1977, in the Eighteenth Judicial District, Gallatin County, the Honorable Frank E. Blair presiding, awarding plaintiff Roy Walton damages in the sum of $1,250.00, plus $2,000.00 per year until defendant City restores the “Old Walton Ditch”.

We affirm the judgment of the District court except for a modification of one item of damages.

Walton and his predecessors, for fifty years or more, have owned approximately thirty acres of agricultural land in Gallatin County,, abutting Durston Road on the south. Appurtenant to these…