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RAFANELLI v. DALE

No. 95-440.

924 P.2d 242 (1996)

V. Mark RAFANELLI, Plaintiff and Appellant, v. Hal J. DALE, Virginia Lee Gabig, and Paulette Dale-Hutcheon, Defendants and Respondents.

Supreme Court of Montana.

Decided August 9, 1996.

Attorney(s) appearing for the Case

John S. Warren; Davis, Warren & Hritsco Dillon, for Appellant.

Loren Tucker; Tucker Law Firm, Virginia City, for Respondents.

GRAY, Justice.

V. Mark Rafanelli (Rafanelli) appeals from a judgment of the Fifth Judicial District Court, Madison County, that Hal Dale and his daughters, Virginia Lee Gabig and Paulette Dale-Hutcheon, (the Dales) have an easement by prescription across a portion of his property. We affirm.

The following issues are raised on appeal:

1. Did the District Court err in concluding that the Dales had acquired a prescriptive easement? 2. Did the...

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