Dome Mountain Ranch, LLC v. Park County

¶1 Dome Mountain Ranch, LLC (“Dome Mountain”), appeals from the Findings of Fact, Conclusions of Law and Judgment of the Montana Sixth Judicial District Court, Park Comity, determining that a road located on Dome Mountain’s property is a county road established through prescriptive use.

¶2 We reverse and remand for proceedings consistent with this Opinion.

¶3 The following issue is presented on appeal: Whether the District Court erred in determining that a public prescriptive easement exists along the subject road located on property owned by Dome Mountain?

BACKGROUND

¶4 In 1997, Dome Mountain…