Bugli v. Ravalli County

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In this property dispute, the Supreme Court affirmed the judgment of the district court granting Ravalli County’s motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, holding that Landowners did not satisfy all factors for claim preclusion and failed to follow the proper procedure for seeking review of a Board of County Commissioners’ (BOCC) denial of a petition to abandon a county road. This dispute centered around where a Ravalli County road (Road) ended and private property began. Specifically at issue was a gate placed on the Road, preventing public access beyond the gate. Landowners, who owned property accessed by the Road, filed a petition with the BOCC to abandon the Road. The BOCC denied the petition and directed Landowners to remove the gate. Landowners filed a complaint for declaratory and injunctive relief, alleging claim preclusion regarding removal of the gate and declaratory judgment regarding the end of the Road. The district court dismissed the complaint. The Supreme Court affirmed, holding (1) there was no final judgment or order precluding the County from asserting that the gate should be removed from the Road; and (2) Landowners’ action was properly dismissed because they failed to follow proper procedure for county road abandonment cases. View "Bugli v. Ravalli County" on Justia Law