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SUNDAY v. HARBOWAY

No. 05-078.

136 P.3d 965 (2006)

2006 MT 95

332 Mont. 104

Kirk D. SUNDAY and Cheryl J. Wallinder, Plaintiffs and Appellants, v. Donald HARBOWAY and Tina Harboway, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided: May 4, 2006.

Attorney(s) appearing for the Case

Kirk D. Evenson, Marra, Sexe & Evenson, P.C., Great Falls, for Appellants.

William O. Bronson, Alexander, Baucus, Paul & Young, PLLC, Great Falls, for Respondents.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Kirk D. Sunday (Sunday) appeals from an Order of the Eighth Judicial District Court, Cascade County, declaring that he does not have an easement across property owned by Donald Harboway and Tina Harboway (Harboways)1. Harboways cross-appeal from another part of the District Court's Order which declares that an easement exists around the perimeter of one parcel of Harboways...

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