Our Lady of the Rockies, Inc. v. Peterson

JUSTICE NELSON,

specially concurring.

¶70 The specific issue presented on this appeal is whether the District Court erred in its determination that, as a matter of law, the federal government created a public road by express reservation in the Cobban Placer documents of conveyance. I believe the Court’s Opinion correctly and fully resolves this issue.

¶71 As for OLR’s R.S. 2477 theory, the District Court considered this theory and determined that “questions of material fact exist and the issue cannot be resolved by summary judgment.” The Dissent states that the District Court erred in this…