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TARLTON v. KAUFMAN

No. DA 07-0590.

199 P.3d 263 (2008)

2008 MT 462

348 Mont. 178

Robert TARLTON and Mary Tarlton, Plaintiffs and Appellants, v. James KAUFMAN and Gretchen Kaufman, Defendants and Appellees.

Supreme Court of Montana.

Decided December 31, 2008.

Attorney(s) appearing for the Case

For Appellants: Cory R. Gangle; Milodragovich, Dale, Steinbrenner & Nygren, P.C.; Missoula, Montana.

For Appellees: Phillip L. McCreedy; Datsopoulos, MacDonald & Lind; Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Robert Tarlton and Mary Tarlton (collectively "the Tarltons") appeal from the judgment entered on a jury verdict in the Fourth Judicial District Court, Missoula County, which found that a fence covered in dark material and approximately 26 feet in height installed by James Kaufman and Gretchen Kim Kaufman (collectively "the Kaufmans") was not a nuisance or a spite fence. We reverse in part and...

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