Legal wranglings rise from Anaconda’s Modesty Creek Road controversy

Susan Dunlap, Montana Standard

“A new battle has begun over the Modesty Creek Road near Anaconda, and Anaconda-Deer Lodge County commissioners will decide Tuesday whether it will return to court.

Letica Land Co. LLC, a Michigan-based limited liability company, is seeking damages from the county following a three-year legal fight over public access to Forest Service land via the road. The county lost that fight in November 2015 when the Montana Supreme Court determined the upper part of the road is private.

Now Letica Land Co. claims the county should pay for damages that occurred when the public was allowed to access the area, pointing to both ‘physical and constitutional harm …’ Specifically, legal documents claim the county used heavy equipment to move a berm.

The amount of money Letica is seeking is not immediately clear from court filings.

The county, through a prepared statement, said it ‘denies all liability related to Letica’s remaining claims.’ ”

Modesty Gulch Road / Modesty Creek Road - Anaconda-Deer Lodge County
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Public Land/Water Access Association Inc. or PLWA,
is a citizen group organized and operated under the Montana nonprofit corporation act.
The Internal Revenue Service has made a determination that PLWA qualifies as a tax- exempt
organization under Section 501(c)(3) of the Internal Revenue Code and that it is a public charity.

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