Myers v. Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which we have restated as follows:

¶3 1. Whether §70-30-102(36), MCA, requires proof of an existing farm or residence.

¶4 2. Whether the existence of a farm or residence and the necessity of a road to access that farm…