RENNER v. NEMITZ

No. 00-619.

33 P.3d 255 (2001)

2001 MT 202

James G. RENNER, Plaintiff and Respondent, v. David NEMITZ, BN Leasing Corporation, a Delaware corporation, City of Ismay, Montana, a political subdivision of the State of Montana, Montana Bank of Baker, N.A., Small Business Administration, an agency of the Government of the United States of America, and all other persons unknown, claiming or who might have any right, title, estate or interest in, or lien or encumbrance upon, the real property described in the Complaint, or any thereof adverse to Plaintiff's ownership, or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, and the unknown heirs, grantees and devisee of any of such Defendants as may be deceased, and the wife of any heir or devisee, if married, and the unknown owners of said real property, Defendants and Appellants.

Supreme Court of Montana.

Decided October 4, 2001.


Attorney(s) appearing for the Case

Page C. Dringman, Patrick N. Dringman, Josephson & Dringman, Big Timber, MT; James Carr, Miles City, MT, For Appellant (David Nemitz).

George W. Huss, Brown & Huss, Miles City, MT, For Respondent.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The appellant, David Nemitz (Nemitz), appeals from an order of the District Court of the Sixteenth Judicial District, Custer County, finding a prescriptive easement over his property in favor of the respondent, James G. Renner (Renner). We affirm in part and reverse in part.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court err in finding a prescriptive...

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