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STATE v. FISHER

No. 02-791.

75 P.3d 338 (2003)

2003 MT 207

STATE of Montana, Stillwater Land Co., and Montana Department of Natural Resources and Conservation, Plaintiffs and Respondents, v. Virgil L. FISHER and Hal M. Fisher, Defendants and Appellants.

Supreme Court of Montana.

Decided August 12, 2003.

Attorney(s) appearing for the Case

I. James Heckathorn, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Kalispell, Montana, for Appellants.

Dennis J. Hester, Deputy County Attorney, Kalispell, Montana (Flathead County and State of Montana), for Respondents.

William E. Hileman, Jr., Hedman, Hileman & Lacosta, Whitefish, Montana (Stillwater Land Co.).

Mark C. Phares, Special Assistant Attorney General, Helena, Montana (DNRC).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Virgil and Hal Fisher (the Fishers) appeal the District Court's grant of summary judgment enjoining them from maintaining gates across a road that bisects their real property. We affirm.

¶ 2 The sole issue on appeal is: Did the District Court err in granting Respondents summary judgment and enjoining the Fishers from erecting and maintaining gates or otherwise obstructing County...

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