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LEISZ v. AVISTA CORP.

No. DA 09-0408.

232 P.3d 419 (2010)

2010 MT 105

356 Mont. 259

Naomi R. LEISZ, Plaintiff and Appellant, v. AVISTA CORPORATION, and Beverly J. Revier, Patsy K. Meredith, Betty R. Taylor, Gary N. Revier, Larry D. Revier, and John D. Revier, Defendants and Appellees.

Supreme Court of Montana.

Decided May 11, 2010.

Attorney(s) appearing for the Case

For Appellant: Naomi R. Leisz (self-represented), Leisz Law Office, P.C., Trout Creek, Montana.

For Appellees: Christian T. Nygren; Milodragovich, Dale, Steinbrenner & Nygren, P.C.; Missoula, Montana (Avista Corp.), Robert G. Olson; Frisbee, Moore & Olson, P.C.; Cut Bank, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 After a bench trial, the Twentieth Judicial District Court, Sanders County, found that while a prescriptive easement over Avista's and the Reviers' property had been established, it had been abandoned by Naomi Leisz's predecessors in interest. Leisz appeals, claiming the District Court erred when it concluded the prescriptive easement had been abandoned...

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