MICHAELSON v. WARDELL

No. 14852.

607 P.2d 100 (1980)

Larry A. MICHAELSON and Sylvia Michaelson, husband and wife, Plaintiffs and Respondents, v. Callis WARDELL, Defendant and Appellant.

Supreme Court of Montana.

Decided January 11, 1980.

Rehearing Denied March 21, 1980.


Attorney(s) appearing for the Case

Small, Hatch & Doubek, John C. Doubek, Helena, for defendant and appellant.

Robert T. Cummins, Gregory Jackson, Jackson & Kelly, Helena, for plaintiffs and respondents.


DALY, Justice.

This appeal is from a summary judgment in favor of the respondents who alleged they were entitled to a permanent easement over appellant's land by operation of law. Both parties filed motions for summary judgment. Pursuant to these motions, the District Court granted respondents an implied easement by reservation.

Appellant filed a motion with the District Court to alter and amend a portion of its order. No action was taken on this motion, and...

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