PUBLIC LANDS ACCESS v. BOONE & CROCKETT

No. 92-262.

856 P.2d 525 (1993)

PUBLIC LANDS ACCESS ASSOCIATION, INC., Lewis Eugene Hawkes, Walter J. Sills, Albert C. Geiger, and Herman J. Earles, Plaintiffs and Respondents, v. BOONE AND CROCKETT CLUB FOUNDATION, INC., and the State of Montana, Department of Fish, Wildlife and Parks, Defendants and Appellants. BOONE AND CROCKETT CLUB FOUNDATION, INC., Third-Party Plaintiff and Appellant, v. TETON COUNTY, Montana, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided July 8, 1993.

Rehearing Denied August 17, 1993.


Attorney(s) appearing for the Case

Gregory W. Duncan, John P. Poston and Phillip W. Strope, Harrison, Loendorf & Poston, Helena, for appellant.

F. Woodside Wright, Reynolds, Motl, Sherwood & Wright, Helena, Russell R. Andrews, Teton County Atty., Choteau, for respondent.

Joan B. Newman, University of Montana, Missoula, for amicus.


NELSON, Justice.

This is an appeal from a Ninth Judicial District Court, Teton County, order filed after a bench trial, which declared that a public prescriptive easement had been established over the road in dispute. We reverse and remand.

We restate the issues on appeal as follows:

I. Did the District Court err in declaring that a public prescriptive easement had been established over the road in question?

II. If there was a public prescriptive...

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