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MURRAY v. COUNTRYMAN CREEK RANCH

No. 91-600.

838 P.2d 431 (1992)

John R. MURRAY and Judith R. Murray, husband and wife, Erik F. Neva and Laura L. Neva, husband and wife, and C. Gene Endresen and Ardyce E. Endresen, husband and wife, Plaintiffs and Appellants, v. COUNTRYMAN CREEK RANCH, a limited partnership, Charles J. Heringer, Jr., Richard C. Hoefle, and Donald E. DuBeau, Defendants and Respondents.

Supreme Court of Montana.

Decided September 29, 1992.

Attorney(s) appearing for the Case

Bruce E. Lee, Billings, for plaintiffs and appellants.

Robert Edd Lee, Crowley, Hughey, Hanson, Toole & Dietrich, Billings, for defendants and respondents.

HUNT, Justice.

This is an appeal from an order of the Thirteenth Judicial District Court, Stillwater County, ruling that appellants' "equitable" easement claim is barred by laches. We affirm.

Appellants raise only the "equitable" easement question for this Court to consider, however we find the following issue raised by respondents to be dispositive.

Is appellants' claim for an "equitable" easement through Tract 143 barred by laches?

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