WARNACK v. CONEEN FAMILY TRUST

No. 93-659.

879 P.2d 715 (1994)

A.C. WARNACK, Trustee of the A.C. Warnack Trust, and Kenneth R. McDonald, Plaintiffs and Respondents, v. The CONEEN FAMILY TRUST; Elk Canyon Associates Limited Partnership, a Montana Limited Partnership, and J. Bowman Williams, Defendants and Appellants.

Supreme Court of Montana.

Decided August 16, 1994.


Attorney(s) appearing for the Case

Perry J. Moore & Cindy E. Younkin, Moore, O'Connell & Refling, Bozeman, for Elk Canyon Ranch Assoc. & J. Bowman Williams.

Patrick F. Hooks, Townsend, for the Coneen Family Trust.

John V. Potter, Jr. White Sulphur Springs, for respondents.


NELSON, Justice.

This is an appeal from the findings of fact, conclusions of law, judgment and injunction order of the Fourteenth Judicial District Court, Meagher County, which, following a bench trial, awarded Respondents Warnack and McDonald, as well as nonparty Melvin E. (Bud) Dawson, an easement for various purposes over, across and through the lands owned by the Appellants. We reverse and remand for further proceedings consistent with this opinion.

The...

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