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BONNIE M. COMBS-DeMAIO LIV. TRUST v. KILBY BUTTE COLONY, INC.

No. 04-141.

109 P.3d 252 (2005)

2005 MT 71

326 Mont. 334

BONNIE M. COMBS-DeMAIO LIVING TRUST, Plaintiff and Appellant, v. KILBY BUTTE COLONY, INC., CORPORATION, Defendant and Respondent.

Supreme Court of Montana.

Decided March 22, 2005.

Attorney(s) appearing for the Case

For Appellant: James A. Patten, Patten Peterman Bekkedahl & Green, Billings, Montana.

For Respondent: James L. Stogsdill, Stogsdill Law Office, Lewistown, Montana.

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

¶ 1 Bonnie M. Combs-DeMaio Living Trust (Trust) appeals from a judgment of the Fourteenth Judicial District Court concluding Trust failed to prove the existence of a prescriptive easement over land owned by Kilby Butte Colony, Inc. (Colony). We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the District Court err in finding a prescriptive easement was...

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