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CLARK v. HEIRS AND DEVISEES OF DWYER

No. DA 06-0399.

170 P.3d 927 (2007)

2007 MT 237

339 Mont. 197

Robert A. CLARK and Leslie Clark, Plaintiffs and Respondents, v. HEIRS AND DEVISEES OF Larry J. DWYER, Deceased, Dwyer Family Trust, and George L. Byrum and Virginia Byrum, Defendants and Appellants, and Northwest Farm Credit Services, ACA, Defendant.

Supreme Court of Montana.

Decided September 18, 2007.

Rehearing Denied October 24, 2007.

Attorney(s) appearing for the Case

For Appellants: Lori A. Harshbarger, JD Law Firm, P.C., Tucson, Arizona, (Dwyers), William P. Driscoll, Franz & Driscoll, PLLP, Helena, Montana, (Byrums).

For Respondents: Stephanie Gehres Kruer, Kruer Law Firm, P.C., Sheridan, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellants George and Virginia Byrum and the heirs and devisees of Larry Dwyer and the Dwyer Family Trust appeal from an order of the Fifth Judicial District Court, Madison County, granting a prescriptive easement to Robert and Leslie Clark. We affirm.

¶ 2 We consider the following issues on appeal:

¶ 3 1. Did the District Court err by entering findings of fact related to "public...

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