Brishka v. Department of Transportation
Annotate this Case
The Supreme Court affirmed the order of the district court granting summary judgment in favor of the Montana Department of Transportation (MDT) on Alexander and Ilma Brishkas' claims of inverse condemnation, negligence, and attorney fees and costs, holding that the district court did not err.
The Brishkas sued MDT alleging that the breach of their 4.5 million-gallon, manmade fishpond on their property resulted from MDT's improvement of Montana Highway 487. The next year, Michael and Stacey Covey and the Covey Trust (collectively, the Coveys) sued the Brishkas for damages suffered to their property as a result of the breach of the pond. The jury returned a verdict against the Brishkas and award damages to the Coveys. Thereafter, MDT filed a motion for summary judgment. The district court granted the motion, concluding that the Brishkas were collaterally estopped from relitigating the issues of proximate cause and damages. The Supreme Court affirmed, holding that the district court properly determined that the elements of collateral estoppel were satisfied and that the Brishkas' claims were precluded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.