LINCOLN v. PIEPER

No. 90-095.

798 P.2d 132 (1990)

Robert C. LINCOLN and Megan Lincoln, Husband and Wife; Jack Noland and Beth Noland, Husband and Wife, Plaintiffs and Respondents, v. Wesley J. PIEPER and Faye E. Pieper, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

Decided September 20, 1990.


Attorney(s) appearing for the Case

Thomas W. Frizzell, Tipp, Frizzell & Buley, Missoula, for defendants and appellants.

Richard DeJana, Kalispell, for plaintiffs and respondents.


McDONOUGH, Justice.

The defendants Wesley J. Pieper and Faye E. Pieper appeal the order of the Montana Eleventh Judicial District Court, Flathead County, granting partial summary judgment to plaintiffs Robert C. and Megan Lincoln and Jack and Beth Noland, holding that the Lincolns and Nolands have a right to use a water system passing through the defendants' and the plaintiffs' properties. We affirm.

The Piepers raise the following issues on appeal:

...

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