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WATERS v. BLAGG

No. DA 07-0602.

202 P.3d 110 (2008)

2008 MT 451

348 Mont. 48

Gary L. WATERS and Patricia Waters, Plaintiffs and Appellants, v. Cameron A. BLAGG, Jerry Paul Overman, Delbert E. Bowe and Linda M. Bowe, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the Complaint adverse to Plaintiffs, ownership or any cloud upon Plaintiffs' title thereto, whether such claim or possible claim be present or contingent, Defendants and Appellees.

Supreme Court of Montana.

Decided December 30, 2008.

Rehearing Denied February 19, 2009.

Attorney(s) appearing for the Case

For Appellants: Randall A. Snyder; Snyder Law Officer; Bigfork, Montana.

For Appellees: Darrell S. Worm; Ogle and Worm; Kalispell, Montana.

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

¶ 1 Gary and Patricia Waters ("the Waters") commenced an action in Sanders County District Court to quiet title to their property, seeking declaration that the property was unencumbered by any easements in favor of neighbors Blagg, Bowe, and Overman, (collectively "the Defendants"); and that Blagg's rock harvesting operation on the adjoining property was...

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