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LOOMIS v. LURASKI

No. 01-051.

36 P.3d 862 (2001)

2001 MT 223

Jody LOOMIS and Jennifer Loomis, Plaintiffs and Appellants, v. Donald H. LURASKI and Marva M. Luraski, Defendants and Respondents, Larry R. Kolb and Judith P. Kolb, Defendants-Intervenors and Respondents.

Supreme Court of Montana.

Decided November 9, 2001.

Rehearing Denied December 6, 2001.

Attorney(s) appearing for the Case

Michael J. Uda, Matthew J. Quinn, Doney, Crowley, Bloomquist & Uda, P.C., Helena, MT, For Appellants.

For Respondents: Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, MT.

David B. Cotner, Boone, Karlberg & Haddon, Missoula, MT, For Intervenors.

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

¶ 1 The Plaintiffs, Jody and Jennifer Loomis, brought this action in the District Court for the First Judicial District in Lewis & Clark County to establish an easement across the property of the Defendants, Donald and Marva Luraski. Larry and Judith Kolb intervened because the easement at issue would pass over and across the east thirty feet of the Kolb...

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