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HAUGEN v. KOTTAS

No. 01-132.

37 P.3d 672 (2001)

2001 MT 274

William J. HAUGEN, Plaintiff and Appellant, v. Don E. KOTTAS, Defendant and Respondent.

Supreme Court of Montana.

Decided December 18, 2001.

Attorney(s) appearing for the Case

For Appellant: Torger S. Oaas, Attorney at Law, Lewistown, MT.

For Respondents: Charles Frederick Unmack, Hubble, Ridgeway & Unmack, Stanford, MT.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 William J. Haugen appeals from an Order of the Tenth Judicial District Court, Fergus County, denying his request for an injunction requiring Defendant Don E. Kottas to remove a spite fence. We reverse.

¶ 2 The sole issue raised on appeal is whether there is a legal remedy in Montana for the erection of a spite fence.

FACTS

¶ 3 Haugen and Kottas own adjacent...

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