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MORTON v. LANIER

No. 01-305.

55 P.3d 380 (2002)

2002 MT 214

Joanne R. Hanley MORTON, as Personal Representative of the Estate of Robert W. Hanley, Deceased, Plaintiff, Counterclaim Defendant, v. Keith A. LANIER, Sue E. Lanier, Defendants, Counterclaimants, Third Party Plaintiffs and Respondents, v. Joanne R. (Jacobsen) Hanley, Individually, and as Personal Representative of the Estate of Robert Hanley, Deceased, Third Party Defendant and Appellant.

Supreme Court of Montana.

Decided September 19, 2002.

Attorney(s) appearing for the Case

Kathleen O'Rourke Mullins, O'Rourke Mullins Law Offices, Missoula, Montana, For Appellant.

John A. Mercer, Turnage, O'Neill & Mercer, Polson, Montana, For Respondent.

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

¶ 1 This action was initiated in the Twentieth Judicial District Court, Lake County, by Robert Hanley (Robert) against his next-door neighbors, Keith and Sue Lanier (Laniers). Robert sought to recover damages related to alleged breach of building restrictions and interference with enjoyment of property. Laniers filed a counterclaim alleging, among other claims, that Robert interfered with Laniers...

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