DeVoe v. State

Clayton E. DeVoe (DeVoe) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on its findings of fact, conclusions of law and order dated February 26, 1996, and from earlier orders. We affirm.

We address the following issues on appeal:

1. Did the District Court err in permitting the City of Missoula to intervene?

2. Did the District Court err in granting partial summary judgment to the State of Montana and City of Missoula, and denying summary judgment to DeVoe, on the basis that the 1937 easement had not been abandoned?

3. Is the District Court’s finding that…