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Montana Easement Law
 
Lazy JC Ranch, LLC v. Charlie Donnes

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Charlie Donnes (Donnes) app... More...
   $0 (01-28-2014 - MT)

Harry BLAZER, Plaintiff and Appellee, v. Lyle WALL, Trustee of the Sugar Land Trust Dated 04/09/01; Elaine Comfort-Waldher; and Kevin Waldher, Defendants and Appellants.

¶ 1 Lyle Wall, as trustee of the Sugar Shack Land Trust, Elaine Comfort-Waldher, and Kevin Waldher (collectively, "the Waldhers") appeal from the final judgment entered by the District Court for the Eleventh Judicial District, Flathead County, in favor of Harry Blazer. We reverse.

BACKGROUND

I. The Properties

¶ 2 The properties at issue in this case are locat... More...
   $0 (04-29-2008 - MT)

Eugene Thayer v. Mark A. Hollinger

¶1 Plaintiffs (collectively referred to as the Homeowners) appeal from the District Court’s Opinion and Order, filed October 4, 2011. We affirm.

¶2 The Homeowners contend that the District Court erred by not recognizing that they have unrestricted easements across four roads located on the Hollingers’ property.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 This action arises fro... More...
   $0 (03-05-2013 - MT)

Gary Myers v. W. Stephen Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which ... More...
   $0 (10-04-2011 - MT)

James Hughes v. Dorothea A. Ahlgren

¶1 Appellants James Hughes and Rhea Hughes (collectively Hughes) appeal from an order of the Tenth Judicial District Court, Fergus County, that awarded attorney fees to Appellees Dorothea, John, and Connie Ahlgren (collectively Ahlgren) in a declaratory judgment action involving a dispute over an easement.

¶2 We review the following issue on appeal:

¶3 Whether the District Court p... More...
   $0 (08-09-2011 - MT)

Joseph A. Graziano v. Stock Farm Owners Association, Inc.

¶1 Plaintiff Joseph A. Graziano (“Graziano”) appeals from an order of the Twenty-First Judicial District Court, Ravalli County, granting Defendants’ Stock Farm Homeowners Association, Inc. (“Association”) and Stock Farm, LLC (“SFLLC”) motion to stay proceedings and compel arbitration. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opinion... More...   $0 (08-12-2011 - MT)

Clifford G. Larsen v. Kenneth Richardson, Jr.

¶1 Plaintiffs Clifford G. Larsen and Patricia P. Larsen (the Larsens) commenced this action in the Fourth Judicial District Court, Missoula County, seeking to quiet title to a 26.96-acre parcel of land. Defendants Kenneth Richardson Jr., Lorna Richardson, Dennis Ruana, and Joyce Ruana (collectively, the Richardsons) counterclaimed that they hold an easement by prescription over a portion of that ... More...   $0 (08-10-2011 - MT)

Timothy R. Osman v. Phoenix R. Cavalier

¶1 Appellants Phoenix Cavalier and Redhawksfeather Blanks (“Defendants”) appeal from an order of the Fourteenth Judicial District Court, Musselshell County, awarding punitive damages to Appellees Timothy Osman and David Krone (“Plaintiffs”) in the amount of their attorney fees in an easement dispute.

¶2 We review the following issue on appeal:

¶3 Whether the District Court... More...
   $0 (04-05-2011 - MT)

Allan Gerhart v. Lake County Montanta

Plaintiff-appellant Allan Gerhart is a property owner and resident of Lake County, Montana. In 2007, Gerhart built an GERHART v. LAKE COUNTY MONTANA 3723 approach to Juniper Shores Lane, a county road that borders his property. Around the time Gerhart constructed his approach, he was informed by a County employee that the County requires permits for road approaches. Gerhart filed an approach permi... More...   $0 (03-18-2011 - MT)

Craig McKey v. Wilderness Development, L.L.C.

¶1 Craig and Lisa McKay brought suit against Wilderness Development, LLC (Wilderness), in the District Court of the Nineteenth Judicial District Court, Lincoln County, alleging it had violated restrictive covenants attached to the Koocanusa Estates Subdivision near Eureka, Montana (Subdivision). The McKays also alleged that Wilderness had trespassed on their property and converted some of their t... More...   $0 (11-27-2009 - MT)

Holter Lakeshores Homeowners Association, Inc. v. Stephen L. Thurston, Victoria J. Thurston, Lonnie r. thurston

¶1 Appellant, Holter Lakeshores Homeowners Association (HLHA), brought suit against Stephen, Victoria, and Lonnie Thurston (Thurstons), to quiet title to an easement for parking and boat docking on two lots next to Holter Lake in Lewis and Clark County. The District Court granted summary judgment in favor of Thurstons. HLHA appeals.

¶2 The dispositive issue on appeal is whether the Distri... More...
   $0 (04-29-2009 - MT)

Avista Corporation, Inc. v. Dorrien H. Wolfe, et al.

This appeal presents the question of whether a court may retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act. We conclude that the Act does not permit a nunc pro tunc abandonment declaration.

I

The storied Clark Fork River in Montana was formed from floods left by the last ice age and named by Meriwether Lewis during the expedition’s... More...
   $0 (12-16-2008 - MT)

John James McFarland v. Dirk Kempthorne, etc.

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service)... More...   $0 (10-02-2008 - MT)

Davar and Todd Gardner v. John Stokes and KGEZ

Davar and Todd Gardner sued John Stokes and KGEZ on a defamation theory claiming that Stokes made several false statements about them on the air after they filled a separate lawsuit against him in 2001 regarding property assessments. Stockes had claimed that he had an ownership interest in a 160-acre property owned by the Gardners upon which the radio station had erected two radio towers.
St... More...
   $3800000 (09-20-2008 - MT)

Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b... More...   $0 (05-10-2008 - MT)

Chad J. Armstrong, et al. v. John C. Von Bergen and Herbert C. Von Bergen,

John and Herbert Von Bergen appeal from the findings of fact, conclusions of law and judgment of the Fifth Judicial District Court, Madison County, determining that an easement across their property was established by adverse possession. Pursuant to Section I, Paragraph 3(d)(i), Montana Supreme Court 1996 Internal Operating Rules (Memorandum Opinions), we determine the issues are factual and th... More...   $0 (03-12-2003 - MT)

Vencor, Inc. d/b/a Park Place Health Care Center v. Marjorie Gray

Vencor, Inc., d/b/a Park Place Health Care Center ("Park Place"), filed a complaint in Montana's Eighth Judicial District Court seeking payment from Defendant Marjorie Gray ("Gray") for the care it provided to Gray's mother, Helen Harris ("Harris"). Gray was the guardian of Harris and the conservator of her estate.

3 The District Court granted Gray's Motion to Dismiss for Failure to State a C... More...   $0 (02-24-2003 - MT)

Lewis A. Albert v. Erika Hastetter, etc.

1 Erika Hastetter (Hastetter) appeals the determination by the Seventh Judicial District Court, Richland County, that a roadway providing access to and egress from a half-section of pasture owned by Lewis A. Albert (Albert) is subject to a prescriptive easement, enuring to the benefit of Albert. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 2 Albert acquired the following described half-sect... More...   $0 (06-11-2002 - MT)

Joanne R. Hanley Morton v. Keith A. Lanier, et ux.

1 This action was initiated in the Twentieth Judicial District Court, Lake County, by Robert Hanley (Robert) against his next-door neighbors, Keith and Sue Lanier (Laniers). Robert sought to recover damages related to alleged breach of building restrictions and interference with enjoyment of property. Laniers filed a counterclaim alleging, among other claims, that Robert interfered with Laniers'... More...   $0 (09-20-2002 - MT)

Jody Loomis, et al. v. Donald H. Luraski, et ux.

The Plaintiffs, Jody and Jennifer Loomis, brought this action in the District Court for the First Judicial District in Lewis & Clark County to establish an easement across the property of the Defendants, Donald and Marva Luraski. Larry and Judith Kolb intervened because the easement at issue would pass over and across the east thirty feet of the Kolb property. All three parties filed motions for s... More...   $0 (11-23-2001 - MT)

Renner v. Nemitz

1 The appellant, David Nemitz (Nemitz), appeals from an order of the District Court of the Sixteenth Judicial District, Custer County, finding a prescriptive easement over his property in favor of the respondent, James G. Renner (Renner). We affirm in part and reverse in part.

2 We address the following issues on appeal:

3 1. Did the District Court err in finding a prescriptive easement ov... More...   $0 (10-04-2001 - MT)

Cenex Pipeline, L.L.C. v. Fly Creek Angus, Inc.

Cenex Pipeline LLC owns an eight-inch pipeline that transports fuel between Laurel and Glendive. The pipeline was built over forty years ago and is currently in need of repair. Cenex wants to replace a 76-mile portion of the pipeline between Billings and Hysham, and in the process, shift the location of the pipeline from its current placement in the Yellowstone River Valley onto drier and less... More...   $0 (03-30-1998 - MT)

 
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