Carbon County v. Schwend

Carbon County filed a lawsuit in the Thirteenth Judicial District Court of Montana against Albert G. Schwend, et. al., in 1976, claiming a right-of-way over the Sage Creek Road. Judgment was entered May 2, 1977, determining, among other things, section three of Sage Creek Road not to be public.

On March 30, 1982, County filed an independent action in equity, pursuant to the last sentence of Rule 60(b), M.R.Civ.Proc., to reopen the 1977 judgment. County’s complaint was based on newly discovered evidence that the Carbon County commissioners had, in 1912, dedicated section three of the Sage Creek…