Graveley Ranch v. Scherping

I respectfully dissent.

In my opinion, the majority has ignored recent decisions of this Court involving statute of limitations and has enlarged the discovery exception by relying upon a theory of “nuisance” under § 27-30-101, MCA, a theory which was never argued to the District Court or to this Court.

This Court, in Holman v. Hanson (Mont. 1989), [237 Mont. 198,] 773 P.2d 1200, 1203, 46 St.Rep. 734, 738, stated:

“[W]hether there has been a ‘discovery’ of facts sufficient to start the running of the statute of limitations is a question of law.”

The majority has correctly concurred with the…