Wohl v. City of Missoula

¶1 Plaintiffs are a group of landowners (Landowners 1 ) who own properties abutting South Avenue in the City of Missoula. The instant lawsuit arose out of a dispute between Landowners and the City concerning the width of the public right-of-way constituting South Avenue. Following a bench trial, the Fourth Judicial District Court, Missoula County, determined that the right-of-way is 60 feet wide. Therefore, because the City’s recent improvements to South Avenue extend beyond this 60-foot parameter, the District Court concluded that the City had effected a taking of property. The District…