Dept. of Nat. Resources v. ABBCO et al.
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Appellants Montana Department of Natural Resources and Montana Board of Land Commissioners (collectively, “the State”) appealed several portions of a district court's summary judgment order in the State’s quiet title action. The issues raised on appeal were: (1) whether the District Court erred by declaring that islands arising vertically from the bed of the Missouri River after statehood were not held by the State in trust for the financial benefit of the public schools; (2) whether the District Court erred by refusing to declare a surveyed boundary between the islands and adjacent private lands based on the State’s evidence; (3) whether the District Court erred in requiring the State to pay damages for taxes paid and improvements made on the land under the theory of unjust enrichment; and (4) whether the District Court erred by denying costs to the State. Upon review, the Supreme Court concluded that the State was the owner of the disputed lands, and as the prevailing party, it was entitled to recover the costs of producing the survey of the boundary of the State-owned land at issue. "While the costs were substantial, the law affords the court no discretion." Accordingly, the Supreme Court reversed the District Court’s denial of the State’s costs and remanded the case with instructions to determine and award the appropriate amount.
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