Legal Opinion

Baertsch v. County of Lewis and Clark

Montana Supreme Court

Decided September 12, 1986No. 85-360PublishedCited by 18 opinions

1Opinion of the CourtJustice Weber

This is an appeal from the judgment of the District Court of the First Judicial District, in which the court dismissed the landowners’ complaint and declared Lewis and Clark County the owner of the 100 foot right-of-way which constitutes McHugh Drive near Helena, Montana. We reverse and remand.

The controlling issue is whether the District Court erred in dismissing the action as barred. The other issues remain to be decided by the District Court on remand.

The facts in the present case are basically set forth in the recent case of Ingram-Clevenger, Inc. v. Lewis and Clark County (Mont. 1981),…

2Cases cited9 opinions

  1. Michael N. Mervin v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1978
  2. Brannon v. Lewis & Clark CountyMontana Supreme Court · 1963
  3. State Ex Rel. Sullivan v. School District No. 1Montana Supreme Court · 1935
  4. Smith v. County of MusselshellMontana Supreme Court · 1970
  5. Harris v. HarrisMontana Supreme Court · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Traders State Bank of Poplar v. MannMontana Supreme Court · 1993
  2. Olsen v. MilnerMontana Supreme Court · 2012
  3. Demers v. Roncor, Inc.Montana Supreme Court · 1991
  4. Baertsch v. County of Lewis and ClarkMontana Supreme Court · 1992
  5. Slater v. Central Plumbing & Heating Co.Montana Supreme Court · 1999

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API