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WAGNER v. OLENIK

No. 88-222.

761 P.2d 822 (1988)

Charles R. WAGNER, Melissa L. Wagner and William L. Peterson, Plaintiffs and Appellants, v. Andrea OLENIK, James C. Herbel, and Ethel Herbel, Defendants and Respondents.

Supreme Court of Montana.

Decided September 26, 1988.

Attorney(s) appearing for the Case

Moses Law Firm, Stephen C. Moses, Billings, for plaintiffs and appellants.

Dorsey & Whitney, John G. Crist, Billings, for defendants and respondents.

McDONOUGH, Justice.

This appeal from the Thirteenth Judicial District, in and for the County of Big Horn, involves appellants Wagners' and Peterson's (Wagners') claim for an easement by necessity across the property of respondents Olenik and Herbels. The District Court granted Olenik's and Herbels' motion for summary judgment holding that no easement by necessity existed. We affirm.

Wagners present the following issues...

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