Wohl v. City of Missoula, 2016 MT 64N

Glen and Johanna Wohl and other South Avenue property owners sued the City of Missoula over a right-of-way dispute; the litigation produced earlier appeals affirming that the City’s street improvements took plaintiffs’ property and that plaintiffs were entitled to compensation.
This Court previously affirmed liability and remanded for damages (2013) and affirmed an award of attorney fees and costs incurred on appeal (2014).
After remand, plaintiffs sought supplemental relief: a declaration that Retracement Certificate of Survey COS 5007 is null and void and an order requiring the City to prepare plats for each landowner.
The City asked the District Court to enter a final order closing the case and to acquire necessary rights-of-way and record a Retracement Certificate showing the South Avenue public right-of-way.
The District Court denied plaintiffs’ supplemental requests, approved the City’s proposed steps, and ordered plaintiffs to execute a Satisfaction of Judgment in exchange for the agreed $344,469.91 payment (damages, fees, costs).
Plaintiffs appealed, arguing the court abused its discretion under § 27-8-313, MCA, by refusing to grant the requested declaratory and survey relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the District Court could deny supplemental declaratory relief under § 27-8-313, MCA	Wohl argued the court had authority to grant "further relief" and should declare COS 5007 null and void	City argued no basis existed to reopen or grant the new relief; COS 5007 is a valid retracement relied on by others	Court affirmed: district court did not abuse discretion in denying supplemental relief
Whether the court should require the City to prepare individual property plats for landowners	Wohl sought an order obligating the City to prepare plats	City opposed imposing new surveying obligations after long litigation and existing retracement	Court affirmed denial: no prior request or basis to compel new surveys
Whether COS 5007 is invalid and should be vacated	Wohl contended COS 5007 was invalid and caused boundary/conflict issues	City and record showed COS 5007 is a valid, accurate retracement and public record relied upon by other surveyors	Court held COS 5007 is valid; no relief granted to invalidate it
Whether the District Court could close the case by ordering satisfaction and conditional payment	Wohl implicitly opposed final closure without supplementary actions	City sought final order and payment to resolve damages, fees, costs	Court affirmed: District Court properly entered final relief and required satisfaction in exchange for payment

Wohl v. City of Missoula, 369 Mont. 108 (2013) (affirmed that City’s street improvements effected a taking and remanded for damages)
Wohl v. City of Missoula, 377 Mont. 148 (2014) (affirmed award of attorney fees and costs to plaintiffs on appeal)
Public Land & Water Access Assoc. v. Jones, 368 Mont. 390 (2013) (district courts have discretion to grant supplemental relief under declaratory-judgment statute)