Public Land & Water Access Ass'n v. Robbins
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The Supreme Court affirmed the judgment of the district court concluding that a Fergus County road was private because Public Land/Water Access Association, Inc. (PLWA) had not proven the existence of a public road by prescriptive easement or petition, holding that the district court did not err.
Specifically, the Supreme Court held (1) the district court applied the correct legal standard for its review, the "record as a whole" standard set forth in Reid v. Park County, 627 P.2d 1210 (Mont. 1981); and (2) the district did not err in concluding that the disputed road was not a public road either by prescriptive easement or statutory methods.
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