RAPPOLD v. DUROCHER

No. 92-233.

849 P.2d 1017 (1993)

Karl RAPPOLD and John Rappold, Plaintiffs and Appellants, v. Robert E. DUROCHER, Defendant and Respondent.

Supreme Court of Montana.

Decided March 23, 1993.


Attorney(s) appearing for the Case

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

Walter S. Murfitt, Michael S. Becker, Luxan & Murfitt, Helena; Robert L. Woodahl, Choteau, for defendant and respondent.


McDONOUGH, Justice.

This is an appeal from the Ninth Judicial District, County of Teton, from a judgment for the Respondent (Durocher) as a result of a bench trial. We affirm.

The essential issue on appeal is whether all elements necessary to establish a prescriptive easement across Appellants' (Rappolds) property were proved.

This action concerns Durocher's right to access his property through Rappolds' property. Previously, Durocher's property was...

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