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Montana Quiet Title Law
 
Bradley J. Certain v. Terry Lynn Tonn aka Terry Lynn Chavez

¶1 Pursuant to Section I, Paragraph 3(d)(v), 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 Terry Tonn and George Ch... More...
   $0 (07-29-2011 - 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)

Victor J. Tacke v. Montana Lakeshore Properties, LLC

¶1 Victor J. Tacke (Tacke) appeals from the findings of fact, conclusions of law, and order entered by the Twentieth Judicial District Court, Lake County, granting summary judgment to Montana Lakeshore Properties, LLC, (Lakeshore), and declaring the tax deed held by Lakeshore to the subject property is valid and enforceable. We affirm.

¶2 Did the District Court err by granting summary jud... More...
   $0 (08-17-2011 - MT)

Scott D. Elder, D.D.S. Profit Sharing Plan v. Creative Finance & Investments, L.L.C., et al.

¶1 Appellant David Sherick (Sherick) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, granting summary judgment in favor of Respondent Scott D. Erler (Erler). We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in ruling that Leota Osburn and Donald Hill ratified the forged deed transferring property to Erler?More...
   $0 (02-18-2009 - 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)

Robert A. Smith v. Clarence R. Simpson Estate, et al.

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court’s quarterly list of noncitable cases publishe... More...   $0 (01-05-2009 - 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)

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)

Fidelity Exploration and Production Company v. United States of America, et al.

Fidelity Exploration & Production Co. seeks to quiet title to a portion of the bed of the Tongue River on which it holds oil and gas leases issued by the State of Montana, but to which the United States lays claim as trustee for the Northern Cheyenne Indian Tribe. The district court dismissed the action, brought under the Quiet Title Act (QTA), 28 U.S.C. § 2409a, for lack of jurisdiction ... More...   $0 (11-09-2007 - MT)

Quantum Electric, Inc. v. Richard and Victoria Schaeffer, et al.

Appellants Richard and Victoria Schaeffer (Schaeffers) appeal an order of the Eleventh Judicial District Court, Flathead County, denying their motion to set aside the court's previous judgment. We reverse.

2 We address the following issue on appeal: Did the District Court err in concluding that the plaintiff's failure to comply with § 37-61-405, MCA, and Uniform District Court Rule 10 (Rule ... 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)

Tungsten Holdings, Inc. v. Marie Parker

1 The Plaintiff, Tungsten Holdings, Inc., brought this action to quiet title to real property in the District Court for the Nineteenth Judicial District in Lincoln County. The District Court entered judgment in favor of Tungsten based on its conclusion that the Appellant, Marie Parker, had not acquired title to the property by adverse possession. Parker appeals from the judgment and Tungsten cross... More...   $0 (07-10-2001 - MT)

 
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