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KELLOGG v. DEARBORN INFORMATION SERVICES

No. 04-623.

119 P.3d 20 (2005)

2005 MT 188

328 Mont. 83

Stephen C. KELLOGG, Plaintiff and Appellant, v. DEARBORN INFORMATION SERVICES, LLC, a Montana Limited Liability Company, Defendant and Respondent.

Supreme Court of Montana.

Decided July 28, 2005.

Rehearing Denied August 30, 2005.

Attorney(s) appearing for the Case

For Appellant: Thomas A. Budewitz, Helena, Montana.

For Respondent: Jack R. Tuholske, Tuholske Law Office, Missoula, Montana.

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

¶ 1 Stephen Kellogg appeals from the District Court's adoption of the Referees' report partitioning the property he jointly owns with Dearborn Information Services (Dearborn). We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 1. Whether the District Court had the power to impose a servitude forbidding building on parts...

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