STEIGER v. BROWN

No. 05-026.

152 P.3d 705 (2007)

2007 MT 29

Terry L. STEIGER and Tammy Steiger, husband and wife, Plaintiffs and Appellants, v. Mary R. BROWN, Defendant and Respondent.

Supreme Court of Montana.

Decided February 7, 2007.


Attorney(s) appearing for the Case

For Appellants: Scott B. Spencer, Libby, Montana.

For Respondent: J. Tiffin Hall, Missoula, Montana.


Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Terry L. Steiger and Tammy Steiger (Steigers) appeal the Order of the Nineteenth Judicial District Court, Lincoln County, holding that Mary R. Brown (Brown) had a prescriptive easement to use and maintain portions of a driveway and a garage which encroaches on their property, and denying them attorney fees and certain costs. We affirm.

¶ 2 We restate and address the issues on appeal as follows...

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