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RICHTER v. ROSE

No. 97-288.

962 P.2d 583 (1998)

1998 MT 165

William R. RICHTER and Carol Anne Richter, Plaintiffs and Respondents, v. Joseph C. ROSE and Lois F. Rose, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided June 30, 1998.

Attorney(s) appearing for the Case

Marshall Murray, Kalispell, for Defendants and Appellants.

Thomas R. Bostock; Warden, Christiansen, Johnson & Berg, Kalispell, for Plaintiffs and Respondents.

GRAY, Justice.

¶ 1 William R. and Carol Anne Richter (the Richters) brought the underlying action against Joseph C. and Lois F. Rose (the Roses) seeking a declaration that a public right-of-way had been established across the Roses property in the early 1900s or, alternatively, a condemnation order granting them an easement across the Roses property. The Eleventh Judicial District Court, Flathead County, rejected the...

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