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DOWNING v. GROVER

No. 88-319.

772 P.2d 850 (1989)

William George DOWNING and Marquerite M. Downing, Plaintiffs and Respondents, and Cross-Appellants, v. C. Joseph GROVER, George J. Grover, and Hazel M. Grover, Defendants and Appellants.

Supreme Court of Montana.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Larry E. Riley, Missoula, for defendants and appellants.

Recht & Greef, John D. Greef, Hamilton, for plaintiffs and respondents, and cross-appellants.

TURNAGE, Chief Justice.

Plaintiffs (Downings) brought suit in the Fourth Judicial District, Ravalli County, seeking to establish a public road across defendants' (Grovers) property allowing easy access to Downings' property, or, in the alternative, a public or private prescriptive easement. The District Court, sitting without a jury, found that no public road existed, no public easement existed, but that a prescriptive easement...

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