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ASHBY v. MAECHLING

No. DA 09-0115.

229 P.3d 1210 (2010)

2010 MT 80

Perry ASHBY and Katherine Ashby, Plaintiffs and Appellants, v. Phillip MAECHLING, Sandra Alcosser, and Harve L. Dalton, Defendants, Appellees and Cross-Appellants.

Supreme Court of Montana.

Decided April 15, 2010.

Attorney(s) appearing for the Case

For Appellants: Darrel L. Moss (argued); Moss & Associates, P.C., William K. VanCanagan; Datsopoulos, MacDonald & Lind, P.C., Missoula, Montana.

For Appellees and Cross-Appellants: Martin S. King (argued); Worden Thane, P.C., Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This case arises from a dispute in which the Ashbys seek an easement by necessity across properties owned by Maechling, Alcosser and Dalton (referred to collectively as Maechlings). The District Court of the Twenty-First Judicial District held that Ashbys had an easement by necessity and defined the scope of the easement. Both sides appeal and we affirm...

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