LINDLEY v. MAGGERT

No. 81-366.

645 P.2d 430 (1982)

Charles and Kay LINDLEY, and Daryl and Helen Holmes, Plaintiffs and Respondents, v. Kurtis and Shirley MAGGERT, and Elwood and Debbie Kleeman, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 13, 1982.


Attorney(s) appearing for the Case

Peterson Law Offices, Billings, for defendants and appellants.

Keefer, Roybal, Hanson, Stacey & Jarussi, Billings, for plaintiffs and respondents.


HASWELL, Chief Justice.

Plaintiffs brought an action in the Yellowstone County District Court seeking to have the defendants enjoined from interfering with the use of a roadway easement. The District Court granted judgment to plaintiffs and ordered defendants to remove a fence and other obstructions which hindered use of the easement. Defendants appeal.

The easement involved in this dispute is located on land purchased by the defendants from Sam Shimamoto...

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