BRIMSTONE MIN., INC. v. GLAUS

No. 01-302.

77 P.3d 175 (2003)

2003 MT 236

BRIMSTONE MINING, INC., a Montana Corporation, et al., Plaintiffs and Respondents, v. John GLAUS and Marietta Glaus, Defendants and Appellants, John Glaus and Marietta Glaus, Counter-Claimants, v. Brimstone Mining, Inc., et al., Counter-Defendants.

Supreme Court of Montana.

Decided September 9, 2003.

Rehearing Denied October 9, 2003.


Attorney(s) appearing for the Case

For Appellant: Max A. Hansen, Max A. Hansen & Associates, P.C., Dillon, Montana.

For Respondent: John S. Warren, Davis, Warren & Hritsco, Dillon, Montana.


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

¶ 1 Appellants John Glaus (Glaus) and Marietta Glaus (Marietta) appeal a judgment of the Fifth Judicial District Court, Madison County, finding a prescriptive easement over their property in favor of Brimstone Mining (Brimstone) and awarding damages to Brimstone for interference with the easement. Brimstone cross appeals, asserting the easement is a public right...

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