Montana Department of State Lands v. Armstrong

Montana Department of State Lands appeals from an order of the Seventh Judicial District, Richland County, in favor of defendants Jerry D. Armstrong, et al. We reverse.

We frame the issues on appeal as:

1. Whether the District Court erred in finding the Missouri River’s migration into the West half of Section 9, Township 26 North, Range 59 East, was caused by avulsion.

2. Whether the District Court erred in finding two tracts within the West half of Section 9, Township 26 North, Range 59 East, were not owned by the State of Montana.

On June 11, 1986, the Montana Department of State Lands filed a…