Goodover v. Lindey's, Inc., No. 90-148

• Docket Nº: No. 90-148
• Citation: 802 P.2d 1258, 246 Mont. 80
• Case Date: December 18, 1990
• Court: United States State Supreme Court of Montana

Page 1258

802 P.2d 1258 246 Mont. 80 Pat M. GOODOVER, Plaintiff and Respondent,
v.
LINDEY'S, INC., and the Estate of William C. Forest,
deceased, and the unknown heirs and unknown
devisees of any Defendant, above-named,
who may be deceased, et al.,
Defendants and Appellants. No. 90-148. Supreme Court of Montana. Submitted on Briefs Aug. 9, 1990.
Decided Dec. 18, 1990.

Page 1259

[246 Mont. 81] Paul Neal Cooley, Skelton & Cooley, Missoula, for Lindey's.

Jerome T. Loendorf, Harrison, Loendorf & Posten, Helena, for Estate of Forest.

John W. Larson, Missoula, for Goodover.

HUNT, Justice.

Defendant and appellant, Lindey's, Inc., appeals from an order of the Fourth Judicial District Court, Missoula County, requiring it to undertake efforts to locate underground fuel storage tanks and to remove a restroom facility encroaching upon property owned by plaintiff and respondent, Pat M. Goodover. We affirm.

We will address the following issue:

Did the District Court err in fashioning a remedy to enforce its earlier declaratory judgment that established the location of the north-south boundary line dividing the parties' property?

Plaintiff and respondent, Pat M. Goodover, is the owner of Lot 2 and defendant and appellant, Lindey's, Inc., is the owner of Lot 1 of the Seeley Lake Shores Sites in Missoula County. In order to resolve a boundary dispute between the parties, Goodover, on August 21, 1984, filed an action for declaratory judgment and quiet title. After a trial held on April 7, 1987, the District Court issued findings of fact, conclusions of law and judgment in favor of Goodover, establishing the north-south boundary between the lots. The court specifically reserved the issue of damages for a later hearing.

Lindey's appealed to this Court, arguing that substantial credible evidence did not support the boundary line established by the District Court. In Goodover v. Lindey's, Inc., 232 Mont. 302, 757 P.2d 1290 (1988), we affirmed the judgment of the District Court.

After the complaint was filed but prior to trial, Lindey's constructed a restroom facility and installed two underground fuel storage tanks in the area of the disputed boundary. Once the boundary was established by the District Court, it was apparent that the restroom encroached upon Goodover's property. It was also possible that the fuel storage tanks encroached upon the property; however, it was impossible to determine the exact location of the tanks because they were buried.

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