Ingram-Clevenger, Inc. v. Lewis & Clark County

Defendant Lewis and Clark County Board of Commissioners appeals from the order of the First Judicial District Court granting plaintiffs’ petition for a peremptory writ of mandamus directing the defendant to grant plaintiffs’ petition to partially abandon the County’s claim of right-of-way easement to the outer twenty feet on each side of McHugh Lane, thus reducing the easement from one hundred feet to sixty feet.

The county commissioners present the following issues:

1. Whether a writ of mandamus is the proper remedy in this case.

a. Which statute controls the abandonment of county roads?

b. Is…