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KELLY v. WALLACE

No. 97-318.

972 P.2d 1117 (1998)

1998 MT 307

Andrew and Susanna KELLY, Plaintiffs, Appellants, and Cross-Respondents, v. James B. WALLACE; John C. Wallace, Trustee of the John C. Wallace Revocable Trust; Jan Janura and Carol M. Anderson, and Bryan S. Finkle, Trustee, or the Successor Trustee of the Finkle Living Trust, U/A/D 2/28/89, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided December 15, 1998.

Attorney(s) appearing for the Case

James H. Goetz, Brian K. Gallik, and Robert K. Baldwin; Goetz, Gallik, Baldwin & Dolan, P.C.; Bozeman, for Appellants.

J. Robert Planalp; Landoe, Brown, Planalp & Braaksma, P.C.; Bozeman, for Wallaces.

Michael J. Lilly; Berg, Lilly, Andriolo & Tollefsen; Bozeman, for Janura and Anderson.

James A. McLean; Drysdale, McLean & Nellen; Bozeman, for Finkle.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The plaintiffs, Andrew and Susanna Kelly, commenced this action for declaratory judgment in the District Court for the Fifth Judicial District in Madison County. They sought a determination of their rights in and to a bridge and road which provided access to their property. After a nonjury trial, the District Court held that Kellys were part owners...

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