SCHERPENSEEL v. BITNEY

No. 93-331.

865 P.2d 1145 (1993)

Robert SCHERPENSEEL and Shirley Scherpenseel, husband and wife; Robert Eickert and Theresa Eickert, husband and wife, Plaintiffs and Appellants, v. Duane BITNEY and Betty Bitney, husband and wife; Edgar Granrud and Helen Granrud, husband and wife; and Flathead County, Montana, a political subdivision of the State of Montana, by and through its Board of County Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided December 22, 1993.


Attorney(s) appearing for the Case

Patrick M. Springer, Kalispell, for plaintiffs and appellants.

M. Dean Jellison, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for defendants and respondents Bitneys.

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, for defendants and respondents Granruds.

Dennis J. Hester, Deputy Flathead County Atty., Kalispell, for defendant and respondent Flathead County.


NELSON, Justice.

Plaintiffs/Appellants appeal an order of the Eleventh Judicial District Court, Flathead County, granting summary judgment to the defendants and denying plaintiffs' motion to alter or amend that judgment. We reverse.

The issues on appeal are as follows:

1. Does the Covenant to Dedicate, entered into by the defendants in 1975, run with the land?

2. Does the eight-year statute of limitations...

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