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HOLTER LAKESHORES HOMEOWNERS ASS'N, INC. v. THURSTON

No. DA 07-0709.

207 P.3d 334 (2009)

2009 MT 146

350 Mont. 362

HOLTER LAKESHORES HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellant, v. Stephen L. THURSTON, Victoria J. Thurston, Lonnie R. Thurston, Defendants and Appellees.

Supreme Court of Montana.

Decided April 29, 2009.

Attorney(s) appearing for the Case

For Appellant: R.J. "Jim" Sewell, Jr., and Bruce M. Spencer, Smith Law Firm, Helena, Montana.

For Appellees: Cherche Prezeau and Michael F. McMahon, Hughes, Kellner, Sullivan & Alke, William P. Driscoll, Franz & Driscoll, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Appellant, Holter Lakeshores Homeowners Association (HLHA), brought suit against Stephen, Victoria, and Lonnie Thurston (Thurstons), to quiet title to an easement for parking and boat docking on two lots next to Holter Lake in Lewis and Clark County. The District Court granted summary judgment in favor of Thurstons. HLHA appeals.

¶ 2 The dispositive issue on appeal is whether the District...

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