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TUNGSTEN HOLDINGS, INC. v. OLSON

No. 01-443.

50 P.3d 1086 (2002)

2002 MT 158

TUNGSTEN HOLDINGS, INC., Plaintiff/Appellant, v. Jerry L. OLSON and Sandra L. Olson, Defendants/Respondents.

Supreme Court of Montana.

Decided July 16, 2002.

Attorney(s) appearing for the Case

Amy N. Guth, Libby, Montana, For Appellant.

James C. Bartlett, Kalispell, Montana, For Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Beginning in the early 1970s and extending over several years, Whispering Pines Development Inc. (Whispering Pines) bought substantial acreage in Lincoln County, Montana, from Thelma and Ross McKenzie (McKenzies) with an intention to subdivide the property into five-acre parcels for sale and development. To facilitate this development, it obtained from the McKenzies an easement allowing Whispering...

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