Flynn v. Beaverhead County
Montana Supreme Court
Appeal from District Court, Beaverhead County; Wm. A. Clark, Judge. Action by Thomas Flynn against the county of Beaverhead. Judgment of nonsuit in favor of defendant, and plaintiff appeals. It was argued by respondent in the lower court that appellant consented to the taking of his land by the county for road purposes and may not now be heard to complain.
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Appeal from District Court, Beaverhead County; Wm. A. Clark, Judge. Action by Thomas Flynn against the county of Beaverhead. Judgment of nonsuit in favor of defendant, and plaintiff appeals. It was argued by respondent in the lower court that appellant consented to the taking of his land by the county for road purposes and may not now be heard to complain. It is true that appellant did consent, under conditions, to donating his land as a part of a right of way to be occupied by the road as petitioned for, but he did not consent to donating his land to be used as a part of the highway as…
1Opinion of the CourtJustice Holloway
Plaintiff appeals from a judgment rendered against him after the court had granted defendant’s motion for a nonsuit.
The facts out of which this controversy arises are stated at length in Flynn v. Beaverhead County, 49 Mont. 347, 141 Pac. 673. In that case we held that ejectment was not a remedy available to plaintiff under the circumstances, but, concluding the opinion, we remarked: “It is not meant by anything here said that the plaintiff is wholly without remedy. He may not thus be deprived of his land without full compensation for it. Upon the plainest principles of justice, the board of…
2Cases cited1 opinion
- Flynn v. Beaverhead CountyMontana Supreme Court · 1914
3Cited by4 opinions
- School District No. 12 v. Pondera CountyMontana Supreme Court · 1931
- French v. County of Lewis and ClarkMontana Supreme Court · 1930
- Paulich v. Republic Coal Co.Montana Supreme Court · 1934
- Neil v. Lewis & Clark CountyMontana Supreme Court · 1958