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SCHMID v. PASTOR

No. DA 08-0296.

216 P.3d 192 (2009)

2009 MT 280

352 Mont. 178

Scott W. SCHMID and Cindy L. Schmid, Plaintiffs and Appellants, v. Josef W. PASTOR, Patti E. Pastor, Monica Pastor, Lynn Thurlow and Tracy Holst, Defendants and Appellees.

Supreme Court of Montana.

Decided August 25, 2009.

Attorney(s) appearing for the Case

For Appellants: Randall A. Snyder, Snyder Law Office, P.C., Bigfork, Montana.

For Appellees: Kimberly S. More, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Kalispell, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Scott and Cindy Schmid ("Schmids") appeal the order of the Eleventh Judicial District Court, Flathead County, Montana, granting a prescriptive easement in favor of Joseph, Patti, and Monica Pastor ("Pastors"), Lynn Thurlow, and Tracy Hoist. We affirm in part and reverse in part.

¶ 2 We consider the following issues on appeal:

¶ 3 1. Did the District Court err in granting a prescriptive...

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