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CLARK v. PENNOCK

No. DA 10-0068.

239 P.3d 922 (2010)

2010 MT 192

357 Mont. 338

Joan Y. CLARK and Victoria Lynne Smith, Plaintiffs and Appellees, v. Robert Roy PENNOCK, Marilyn Frost, formerly known as Marilyn Pennock, Donald R. Bernard, Elizabeth P. Bernard, James C. Koch and Thomas A. Koch, Defendants and Appellants.

Supreme Court of Montana.

Decided August 31, 2010.

Attorney(s) appearing for the Case

For Appellants: Alanah Griffith , Pape & Griffith, Bozeman, Montana.

For Appellees: James A. McLean , Drysdale, McLean & Willett, Bozeman, Montana.

Justice MICHAEL E WHEAT delivered the Opinion of the Court.

¶ 1 After a bench trial, the Fifth Judicial District Court, Jefferson County, concluded that the owners of Tract 15, Joan Clark and Victoria Smith, had a road easement over Scenic Drive, which ran through the defendant landowners' property. The court concluded that the easement language was ambiguous, and Scenic Drive provided the only reasonably necessary and convenient access to the building site on...

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