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WATSON v. DUNDAS

No. 02-534.

136 P.3d 973 (2006)

2006 MT 104

332 Mont. 164

Nancy E. WATSON, Plaintiff and Appellant, v. George and Margo DUNDAS, George William and Grace Berberet, Broadwater County Board of County Commissioners, and the Montana Department of State Lands, Defendants and Respondents.

Supreme Court of Montana.

Decided: May 9, 2006.

Rehearing Denied June 7, 2006.

Attorney(s) appearing for the Case

Thomas M. White, Sedivy, White & White, P.C., Bozeman, for Appellant.

Thomas E. Towe, Towe, Ball, Enright, Mackey & Sommerfeld, PLLP, Billings, for Respondents George and Margo Dundas.

John T. Flynn, Broadwater County Attorney, Townsend, for Respondent Broadwater County Board of County Commissioners.

Tommy H. Butler, Special Assistant Attorney General, Helena, for Respondent Montana Department of State Lands.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Nancy Watson (Watson) appeals from a decision of the Eighteenth Judicial District Court, Gallatin County, in an action by Watson to gain access to her property across the lands of George and Margo Dundas (Dundases). We affirm in part, reverse in part, and remand for further proceedings.

¶ 2 We consider the following issues on appeal:

¶ 3 Whether the District Court properly...

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