Letica Land Co., LLC v. Anaconda-Deer Lodge County
Annotate this CaseLetica Land Company, LLC and Don McGee (collectively, Plaintiffs) filed an amended complaint for declaratory and injunctive relief seeking a preliminary injunction to close Modesty Creek Road, which consisted of an upper branch and a lower branch and crossed Plaintiffs’ respective properties. Plaintiffs claimed that they were unaware of any claim of public right of access over either branch of Modesty Creek Road at the time they purchased their respective properties. The district court concluded that Modesty Creek Road’s lower branch was a statutorily created road, that a public prescriptive easement established Modesty Creek Road’s upper branch as a public road, and that the prescriptive easement had not been extinguished by reverse adverse possession. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in concluding that Modesty Creek Road’s lower branch was statutorily created; but (2) erred in concluding that the public prescriptive easement the court found on Modesty Creek Road’s upper branch was not extinguished by reverse adverse possession.
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