Montana Supreme Court Sides With Buyers In Marshall Mountain Fight

Montana Supreme Court Rules In Favor Of Out-Of-State Couple

There aren't many issues that all residents of Montana agree on, but public land access is one that seems to bring just about everyone together.

That's what makes the legal battle over Marshall Mountain so interesting.

How The Marshall Mountain Dispute Began

If you're not familiar with the story, it goes back to 2021 when Spencer Melby, a cardiovascular and thoracic surgeon, was hired to work in Missoula. He and his wife agreed to purchase the 156-acre Marshall Mountain property from Bruce and Kim Doering for $2.15 million.

Once word of the sale got out, though, local groups that had been using the area for years started worrying about what public access would look like under new ownership.

In an effort to ease those concerns, the Doerings attempted to add language to the purchase agreement that would guarantee access for a number of groups that had historically used the property.

The Melbys did not agree to the change in language and argued that these changes drastically altered the original property they had agreed to buy, and so they objected. In turn the Doerings terminated the buy/sell agreement with the Melbys, who then turned around and sued the Doerings.

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The Marshall Mountain Court Fight Is Not Over Yet

Earlier this month, on June 2, the Montana Supreme Court ruled in favor of the Melbys, agreeing with a previous decision made by a lower court.

As for Marshall Mountain itself, the property was eventually purchased by a Missoula nonprofit, which later sold it to Missoula County. Today, it remains open to the public.

The legal fight isn't over yet, though. The case now heads back to Missoula County District Court, where it will be decided whether the Melbys are entitled to any of the damages they're seeking.

Source: Missoulian