Sayers v. Chouteau County
2013 MT 45
| Mont. | 2013Background
- Sayers challenges whether Lippard Road remains a county road beyond its Section 26–27 intersection.
- The road's history spans petitions, viewer reports, and subsequent amendments from 1913–1916.
- Public notices and surveys in 1914–1919 describe and extend the road toward Lippard Station and beyond the intersection.
- The county records show ongoing use by the public past the intersection, including maintenance and fishing-access testimony.
- The district court applied the Reid v. Park County standard to view the record as a whole for establishing a public road.
- Sayers appeals the court’s application of Reid and its conclusion about the road’s entire length being public.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reid governs the public-road determination here | Sayers argues the complete record is available; Reid not required | District Court correctly applied Reid to the record as a whole | Reid applies; court properly used whole-record analysis |
| Whether Lippard Road’s entire length is a public road | Public road ends at Section 26–27 intersection | Road extends to Lippard Station past the intersection | Yes, entire length remains a county road |
Key Cases Cited
- Reid v. Park County, 192 Mont. 231 (Mont. 1981) (record as a whole governs public-road establishment when records are uncertain)
- Garrison v. Lincoln Co., 317 Mont. 190 (Mont. 2003) (Reid principles apply to early-road-dispute cases with uncertain records)
- Prindel v. Ravalli Co., 133 P.3d 165 (Mont. 2006) (limits summary-judgment resolution of disputed factual assertions under Prindel)
- Apple Park, LLC. v. Apple Park Condos., 192 P.3d 232 (Mont. 2008) (summary-judgment standards in private-party, land-use disputes)
- State v. Fisher, 75 P.3d 338 (Mont. 2003) (public road status survives absent formal abandonment)