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BOYLAN v. VAN DYKE

No. 90-089.

806 P.2d 1024 (1991)

W. Boyd BOYLAN, Plaintiff and Appellant, v. Arnold VAN DYKE, Ann Jeanette Van Dyke, Lawrence J. Van Dyke, Berna Sue Van Dyke, and Van Dyke Irrigation Service, Inc., Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided February 14, 1991.

Rehearing Denied March 28, 1991.

Attorney(s) appearing for the Case

H.A. Bolinger, Bozeman, for plaintiff and appellant.

William L. Madden, Jr., Brigitte M. Anderson, Goetz, Madden & Dunn, Bozeman, for defendants, respondents, and cross-appellants.

WEBER, Justice.

This cause of action arose when defendants constructed a pond. Plaintiff, W. Boyd Boylan (Mr. Boylan) filed suit alleging that the pond interfered with his use of a ditch which traverses that area. The District Court for the Eighteenth Judicial District, Gallatin County, found that the pond had no effect on the flow of water in the ditch and that Mr. Boylan did not suffer any damages as a result. From that decision, Mr. Boylan appeals. We affirm in...

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