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ALBERT v. HASTETTER

No. 00-724.

48 P.3d 749 (2002)

310 Mont. 82

2002 MT 123

Lewis A. ALBERT, Plaintiff and Respondent, v. Erika HASTETTER, as Guardian and Trustee for Thomas Hastetter and Judy Hastetter, Defendant and Appellant.

Supreme Court of Montana.

Decided June 11, 2002.

Attorney(s) appearing for the Case

For Appellants: R.W. Heineman, Wibaux, Montana.

For Respondent: George W. Huss, Brown & Huss, Miles City, Montana.

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

¶ 1 Erika Hastetter (Hastetter) appeals the determination by the Seventh Judicial District Court, Richland County, that a roadway providing access to and egress from a half-section of pasture owned by Lewis A. Albert (Albert) is subject to a prescriptive easement, enuring to the benefit of Albert. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Albert acquired the following described...

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