DAVIS v. HALL

No. DA 11-0746.

280 P.3d 261 (2012)

2012 MT 125

Nigel and Jami DAVIS, husband and wife, Plaintiffs and Appellees, v. Don HALL, Lori Stewart, Jerry Jasicko, and Teresa Jasicko, and John Does 1-99, Defendants and Appellants.

Supreme Court of Montana.

Decided June 12, 2012.


Attorney(s) appearing for the Case

For Appellants: Steven T. Wade , W. John Tietz , Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana.

For Appellees: Candace Payne , Mark Lancaster , Luxan & Murfitt, PLLP, Helena, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The First Judicial District Court, Lewis and Clark County, determined that plaintiffs Nigel and Jami Davis hold an easement over the properties of defendants Don Hall, Lori Stewart, Jerry Jasicko, and Teresa Jasicko and that the Davises may use this easement for the puipose of accessing their nearby property. The District Court permanently enjoined Hall, Stew-art, and the Jasickos from placing any...

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