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FRAME v. HUBER

No. DA 09-0299.

231 P.3d 589 (2010)

2010 MT 71

355 Mont. 515

Jonathan FRAME, Plaintiff and Appellee, v. Theodore D. HUBER, Carleen M. Huber, Charles Andrew Poole, Valerie Aleisa Smith, Gregory L. Yetter, Catherine M. Yetter, Larry R. Racicot, Margaret Poole Racicot, Gary L. Martinsen and Lori B. Martinsen, Defendants and Appellants.

Supreme Court of Montana.

Decided April 7, 2010.

Attorney(s) appearing for the Case

For Appellants: Robert J. Phillips, Amy O. Duerk; Phillips Law Firm P.C., Missoula, Montana.

For Appellee: Patrick E. Melby, Erin F. MacLean; Luxan & Murfitt, PLLP, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Hubers, Poole, Smith, Yetters, Racicots and Martinsens appeal from the District Court's April 17, 2009, order granting Frame's motion for summary judgment, ruling that Frame has an easement by necessity across their lands, and denying all other motions for summary judgment. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 The parties all own tracts of land that abut the...

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