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GREENWALT FAMILY TRUST v. KEHLER

No. 94-164.

885 P.2d 421 (1994)

GREENWALT FAMILY TRUST, Gary Greenwalt and Linda Greenwalt, Trustees, Plaintiffs and Appellants, v. Richard L. KEHLER, Jr., Defendant and Respondent.

Supreme Court of Montana.

Decided November 21, 1994.

Rehearing Denied December 15, 1994.

Attorney(s) appearing for the Case

James E. Torske, Hardin, for appellants.

Martin J. Elison, Hardin, for respondent.

TRIEWEILER, Justice.

Plaintiffs Greenwalt Family Trust, Gary Greenwalt and Linda Greenwalt, trustees (the Greenwalts), and defendant Richard L. Kehler, Jr., own adjacent tracts of land. The Greenwalts filed suit in the Thirteenth Judicial District Court, Big Horn County, claiming they had acquired a prescriptive easement across the northerly 30 feet of Kehler's property. The Greenwalts sought to permanently enjoin Kehler from interfering with their alleged easement...

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