Riley v. Carl

Defendants Wills and Missoula County appeal from an order of the Fourth Judicial District Court, Missoula County, declaring Blixit Creek Road a county road subject to the duty of maintenance by Missoula County.

Blixit Creek Road is located near Potomac, Montana, in Missoula County. The road was first assigned a county road number in 1965, and was continuously maintained by the county from that time until January, 1977. Missoula County formally accepted the road for maintenance in 1974 because it had been platted and in existence prior to 1960.

Until 1978, William Wills, as an individual, and…