McClurg v. Flathead County Commissioners

Plaintiffs appeal the orders of the Flathead County District Court setting aside the entry of default against the defendant County and granting summary judgment to the County. Plaintiffs contend that the default should not have been set because the County had no justifiable excuse in failing to timely file an answer, and that the facts do not support a finding that the public possessed a prescriptive easement over that portion of Echo Lake Road which crosses the plaintiff’s property.

Echo Lake Road is located in Rig Fork, Montana, and has been used by members of the public for over 33 years.…