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BROADWATER DEVELOPMENT, L.L.C. v. NELSON

No. DA 08-0587.

219 P.3d 492 (2009)

2009 MT 317

352 Mont. 401

BROADWATER DEVELOPMENT, L.L.C., and Lewis and Clark County, Plaintiffs and Appellees, v. Stephanie J. NELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Colleen M. Dowdall, Worden Thane P.C., Missoula, Montana.

For Appellee, Broadwater Development L.L.C.: Amos Rogers Little, III, Attorney at Law, Helena, Montana.

For Appellee, Lewis and Clark County: Leo J. Gallagher, Lewis and Clark County Attorney, K. Paul Stahl, Jeff Sealey, Deputy County Attorneys, Helena, Montana.

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

¶ 1 Broadwater Development, LLC filed a Petition for Declaratory Judgment in the First Judicial District Court, Lewis and Clark County, on December 4, 2007, seeking declaratory rulings that an alleged 60-foot emergency public access and utility easement over the property of Stephanie J. Nelson is valid and enforceable against Nelson and that a Notice of Invalid Easement filed in the Lewis and Clark County...

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