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TACKE v. WYNIA

No. 92-438.

853 P.2d 87 (1993)

Victor J. TACKE, Plaintiff/Respondent, v. Robert E. WYNIA, M.D., and Winona C. Wynia, Defendants/Appellants, and William F. SMITH and Re/Max of Bigfork, Respondents. Robert E. WYNIA, M.D., and Winona C. Wynia, Plaintiffs/Appellants, v. C. John EKMAN, Susan P. Ekman and Alma Jean B. Kellenberger, Defendants/Respondents.

Supreme Court of Montana.

Decided May 20, 1993.

Attorney(s) appearing for the Case

William D. Jacobsen, Curtis G. Thompson, Jardine, Stephenson, Blewett & Weaver, Great Falls, for Appellants.

Stephen Berg, Warden, Christianson, Johnson & Berg, Kalispell Tacke.

Donald Murray, Murphy, Robinson, Heckathorn & Phillips, Kalispell for C. John Ekmans and Susan P. Kkman and Alma Kellenberger.

Randall Ogle, Ogle & Worm, Kalispell F. Smith.

Dana Christiansen, Murphy, Robinson, Heckathorn & Phillips, Kalispell for Res. Re/Max of Bigfork.

McDONOUGH, Justice.

This is an appeal from a Twentieth Judicial District Court, Lake County bench trial judgment in a consolidated case regarding easements. We affirm.

There are three issues before the Court:

1. Did the District Court err in concluding that Wynias' use of the easement across Ekmans' and Kellenberger's property was permissive?

2. Did the District Court err in failing to conclude that Tacke's easement across Wynias' property...

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