(Download) "Hebert v. City of Fifty Lakes" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Hebert v. City of Fifty Lakes
- Author : Supreme Court of Montana
- Release Date : January 17, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This case arises from the construction of a gravel roadway that partially intrudes on respondent landowners Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches and that the City "has no right, title or interest in any portion" of the property. They also sought equitable relief in the form of ejectment and damages for trespass. Appellant City of Fifty Lakes brought a motion to dismiss the complaint for failure to state a claim. The district court dismissed the complaint on the grounds that the City acquired the property by de facto taking when the road was constructed and that the landowners claims were time-barred. The court of appeals reversed and remanded in an unpublished decision. Hebert v. City of Fifty Lakes, No. A06-215, 2007 WL 582956 (Minn. App. Feb. 27, 2007). Because we hold that the City did not acquire an interest in the property through a de facto taking and that the timeliness of the landowners claims cannot be resolved as a matter of law on the pleadings, we affirm.
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