Burlington Northern Inc. v. Flathead County

MR. JUSTICES DALY and HASWELL,

(dissenting) :

We respectfully dissent to the view of the majority. The text of the majority opinion concludes with the statement: “This decision is consistent with the rationale of Cause No. 12390, Burlington Northern Inc. v. Richland County, 162 Mont. 364, 512 P.2d 707 decided this same date.” We agree with the rationale applied in the Richland County case and that the rationale applied in the present case is consistent with that of the Richland County case, however, the facts of the present case are in no way consistent with those of the Rich-land County case.

In…