Legal Opinion

McClurg v. Flathead County Commissioners

Montana Supreme Court

Decided December 6, 1978No. 14268PublishedCited by 7 opinions

1Opinion of the CourtChief Justice Haswell

Plaintiffs appeal from an order of the District Court, Flathead County, setting aside a default entered in their favor by the clerk of said court.

Plaintiffs filed a declaratory judgment action seeking permission to barricade a road running through a corner of a parcel of land owned by them. They alleged that the road was an inconvenience to them in that automobiles often became stuck on a steep incline in.the winter and put them to time and expense extricating motorists with their tractor. Since there was another route existing by which cars could reach the same destinations, plaintiffs…

2Cases cited3 opinions

  1. Whaley v. RhodesCourt of Appeals of North Carolina · 1970
  2. Payne v. Mountain States Telephone & Telegraph Co.Montana Supreme Court · 1963
  3. Blevins v. KramerMontana Supreme Court · 1978

3Cited by7 opinions

  1. Lane v. Farmers Union InsuranceMontana Supreme Court · 1999
  2. In Re the Adjudication of the Existing Rights to the Use of All the Water, Both Surface & Underground, Within the Sage Creek Drainage AreaMontana Supreme Court · 1988
  3. Stevens v. AbbottMontana Supreme Court · 1986
  4. Matter of Sage Creek Drainage AreaMontana Supreme Court · 1988
  5. State v. RogersMontana Supreme Court · 1994

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