County commissioners and county attorney Becky Convery have had little luck receiving an opinion from Missoula lawyer and road law expert Peter Dayton on the ownership status of the road that leads to the Terry Badlands.
According to commission minutes, Dayton informed commissioners that he would have an opinion to them in a day or so. That statement was made during a telephone call made by commissioners to Dayton during an April 20 meeting.
The county paid Dayton $520 in December for his services, according to clerk and recorder Toni Kalfell. The county and landowner Michael Karrels agreed to split the legal costs late last year for Dayton’s opinion, which can not be used in court, but will merely serve as a guiding post as to how the commission will ultimately act on the matter. Kalfell noted that commissioner Todd Devlin e-mailed a note to Dayton during the May 5 meeting.
A gate, cattle guard and private property sign were installed on the road last year. The gate has been locked since the second week of hunting season in November of last year.
Published May 6, 2009